logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2018.08.31 2018허1295
거절결정(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The title of the invention claimed in this case (Evidence 5, 6) 1: B2 of the filing date/application number: C/D3 of the claims (the amended on August 12, 2013), which is the first specification after the filing date, was amended by striking 3, 4, and 5 of the claims within the scope of the first specification on August 12, 2013.

2) Paragraph 1 of this case) 【Claim 1’s claim and half-proof material 1’s claim 2’s claim 3, 4, and 5’s claim 2’s claim 2’s claim 2. In the case of paragraph 1 of this case, each deletion of the claim 3, 4, and 5’s claim 5’s claim 3, 4, and 5’s claim 2

B. Prior inventions (Evidence B No. 1) are related to the "influence device and manufacturing method thereof" published in the Patent Gazette No. 2000-0037266, Jul. 5, 2000, published on July 5, 200, and the main contents and drawings thereof are omitted, since they are not compared to the invention of this case.

C. On April 29, 2015, the examiner of the Korean Intellectual Property Office, as to the instant patent application invention, on April 29, 2015, stated “Claim 1 and 2 of the instant patent application invention as “A person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary engineer”) was published in the Patent Gazette No. 2003-085083, Nov. 1, 2003, the instant trial decision or the instant lawsuit was not submitted as a prior invention. As such, the patent applicant’s written notice of submission of opinions by the examiner of the Korean Intellectual Property Office, the decision of refusal to grant a patent, and the instant trial decision, etc. are deemed to be a “patent” regardless of whether to amend the Patent Act, the Plaintiff presented a notice to the Plaintiff on the grounds that “No patent can be granted pursuant to Article 29(2)” and presented a notice to the Plaintiff on November 22, 2015.

arrow