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(영문) 특허법원 2018.01.31 2016허5613
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 September 24, 2014, the Defendant filed a petition for a trial to invalidate the registration of the instant patent invention with the Plaintiff, the patentee, on the following grounds: (a) claims 1 through (3), (7), and (10 through (12) of the instant patent invention are denied by prior inventions; (b) the Defendant filed a petition for a trial to invalidate the registration of the instant patent invention by asserting that the registration should be invalidated on the ground that the nonobviousness is denied by prior inventions (No. 2014Da2374) (No. 205, May 20, 2015).

B. A correction request was made with the content of correction as described in paragraph (3) (hereinafter the patented invention of this case corrected by the correction request of this case is “the corrected invention of this case”).

(3) On May 23, 2016, the Korean Intellectual Property Tribunal recognized the correction and rendered the instant trial ruling citing the Defendant’s request on the grounds that “(i) the instant request for correction is lawful. (ii) The instant request for correction is denied by prior inventions 3 or 4. ③ The corrected invention in the instant case is a combination with prior inventions 1 and 4 or a combination with prior inventions 1, 2, 3, 7, 10, 12 and 4.”

B. The Plaintiff’s title of the instant patent invention (Evidence A(2) 1): C2) International filing date/priority date/registration date/registration number: D/E/Patent F3) Claims (the bottom part is corrected).

) After the correction (Evidence A 2) of the claim prior to the correction (for the inhaleable end of evidence A 3, mixed with the secondary agents that can be inhaled with the secondary agents that can be biochemically permitted, the capsule is selected from accelerator inducements, electric segments, electric segments, kitoc acids and synthetic plastics, and the capsule is characterized by the teWS content or the halog dried water content of the capsule’s material is less than 15 per cent, and the eroconiums mixed with the secondary agents which can be inhaled with the secondary agents which are mixed with the secondary agents which are biologically permitted, but the above suspended agents are stove.

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