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(영문) 특허법원 2017.06.02 2016허4054
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 December 31, 2014, the Plaintiff filed a petition for invalidation trial against the Defendant on the instant patent invention with the Intellectual Property Trial and Appeal Board No. 2014Da3424, stating that “The instant patent invention was submitted by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) to the prior invention 1 as the cited Invention 1 was easily derived from prior invention 2 at the trial decision stage of the instant case.” The nonobviousness of the instant patent invention is denied. In the foregoing invalidation trial proceeding, the Defendant filed a petition for correction of the content of correcting the claims of the instant patent invention as described in Article 2(b)(4) of the Patent Tribunal.

(2) On May 11, 2016, the Korean Intellectual Property Tribunal recognized the instant request for correction as lawful, and rendered the instant trial decision dismissing the Plaintiff’s request for invalidation on the ground that “the nonobviousness of the instant patent invention is not denied by prior inventions 2, etc.” B. The name of the instant patent invention (No. 2 and 3 evidence 1): the creation of lives of lives and its manufacturing method 2) / the filing date / the filing date / registration date / registration number : March 13, 2006 / January 15, 2014 / [No. 135093] Claim 1 / Claim 5 / Claim 1 / Claim 3 / Claim 4 / Claim / Claim 4 / Claim / Claim 5 / Claim / Claim 4 / Claim / Claim / Claim / Claim 1 / Claim / Claim / Claim 1 / Claim / Claim / Claim 1 / Claim / Claim / Claim / Claim 1 / Claim / Claim / Claim / Claim 3 / Claim / Claim / Claim / Claim / Claim 4 / Claim / Claim / No.

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