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1. The invention No. 1536975 of the Patent Tribunal’s decision on April 24, 2017 regarding the case No. 2015Da4203 is an invention under Article 1536975 of the Patent Tribunal.
Reasons
1. Basic facts
A. On August 10, 2015, the Defendant: (a) on August 10, 2015, against the Plaintiff, before the Intellectual Property Trial and Appeal Board:
B. The Plaintiff’s patented invention as indicated in the paragraph (hereinafter “the instant patented invention”) can easily be claimed by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) by prior inventions 1 through 5, and each of the non-obviousness of the patented invention is denied, and its registration should be invalidated.
2) On April 24, 2017, the Korean Intellectual Property Trial and Appeal Board filed a petition for an invalidation trial with the purport to the effect that “an invention described in the Claim 1 through 6 and the Claim 8 through 10 of the instant patent invention (hereinafter referred to as “in accordance with the number of each Claim”),” is “an invention described in the instant Claim 1 through 6, and all of them are “an invention described in the instant Claim.”
(B) Each of the prior inventions can be easily derived by combining two or five preceding inventions, and each of the nonobviousness of the instant Claim 7 inventions is denied. However, the Defendant rendered a trial ruling partially accepting the Defendant’s request for a trial (hereinafter “instant trial ruling”). Of the instant trial ruling, the Defendant also filed a lawsuit seeking revocation of the trial ruling under this Court Decision No. 2017No4129 on the part of Claim 7 invention of this case, which was dismissed his/her request for a trial. (B) The name of the Defendant’s patented invention 1: The name of the instant patent invention: the filing date of the filing date of the exhaust pipe inside the floor structure and its construction method 2)/registration date/registration date: On March 10, 2015, the patentee: (i) the scope of claims 4); and (ii) the temporary structure (hereinafter referred to as “new structure (10/10/10/10/10/10/10/153975/3) of each floor of the building.
. The above.