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(영문) 특허법원 2017.12.08 2017허1076
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 April 30, 2015, the Defendant filed a petition for a trial for invalidation of the patent invention of this case with the Plaintiff on April 30, 2015, on the ground that “The claim 1 through 16 of the instant patent invention can be easily claimed by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) from prior inventions 1 through 3, etc., and the nonobviousness of the patent invention of this case is denied.” The Plaintiff filed a request for correction of the patent invention of this case on September 2, 2015, but again filed a request for correction of the claims of the instant patent invention on March 15, 2016 as described in paragraph (b)(4).

(2) On December 16, 2016, the Korean Intellectual Property Trial and Appeal Commission recognized the instant request for correction as lawful. However, the claim 1, 2, 4, 6, 7, 9, and 15 of the instant patent invention corrected by the instant request for correction can be easily claimed by a combination of prior inventions 1 and 2 or a combination of prior inventions 1, 2, and 1, 3, 5, 8, and 16 can be easily claimed by ordinary technicians. Thus, the nonobviousness of the instant request for correction is denied. (b) The instant decision accepting the Defendant’s request for correction was rendered on the ground that “The title of the instant patent invention (Articles 2-1, 2-1, 2) invention is indicated by the fixed capacity panel, the fixed capacity panel 2, 7, 9: 15/100 of the filing date of the instant request for correction / 13, 201/4, 15: 13, 2014.

The patented invention of this case corrected by the correction request of this case is "the corrected invention of this case", and Paragraph (1) of this case is "the invention of this case", and the remaining claims are also claimed.

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