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(영문) 특허법원 2017.07.14 2017허2116
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 21, 2016, the Defendant filed for a trial for invalidation of the instant patent invention with the Intellectual Property Trial and Appeal Board against the Plaintiff on the ground that “The nonobviousness of the instant patent invention can easily be derived from prior inventions 1 and 2 by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”),” and filed for a trial for invalidation of the instant patent invention. In the foregoing trial proceeding, the Plaintiff filed a request for correction of the claims for the instant patent invention on September 9, 2016, as described in Paragraph (b)(4) below.

(B) On February 22, 2017, the Intellectual Property Trial and Appeal Commission: (a) deemed the instant request for correction lawful on February 22, 2017; and (b) recognized the nonobviousness of the claim 1, 2, and 3 of the instant patent invention, which were corrected by the instant request for correction, as it could be easily derived from prior inventions 1, and 2; (c) on the ground that the instant request for correction was deleted, the nonobviousness of the instant claim 4 of the instant patent invention was denied; and (b) rendered the instant decision citing the part regarding Claim 1, 2, and 3 of the instant request for correction; (c) the title of the instant patent invention (Evidence 2 of the instant request for correction); (c) the date of filing of the instant request for correction; (d) the date of filing of registration; (e) the date of filing of the previous request for correction; (e) the date of filing of registration; (e) the date of filing of registration; (e) the Plaintiff’s absence of connecting the instant patent invention with the Plaintiff 1, 20.30.1;

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