Nepotocon Co., Ltd. and 3 others (Law Firm Squa et al., Counsel for the plaintiff-appellant)

[Defendant-Appellant-Appellee] Shaz. (Attorney Lee Jae-chul et al., Counsel for defendant-appellant-appellant-appellee)

December 22, 2011

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The decision made by the Intellectual Property Tribunal on June 30, 201 on the case No. 2010Da2074 shall be revoked.

1. Basic facts

A. Patent invention of this case

(i) The title of the invention: processing kartage, electronic photograph-making apparatus, old power transmission apparatus, and luminous drums of electronic pictures;

2) Date of application/registration date/registration number: March 27, 1996/ March 13, 200 (patent registration number 1 omitted)

3) A patentee: The defendant;

4) Claims and drawings: (a) claims and drawings are as shown in [Attachment 1] (hereinafter referred to as “instant patented invention”; (b) claims 25 of the instant patented invention are referred to as “instant Claim 25”; and (c) the remainder of claims are made in the same way.”

B. Invention cited Invention (hereinafter referred to as “Inventions”) includes part of “patents,” etc. other than “inventions,” but both for convenience

1) Invention 1 (A No. 7)

In the case of an invention related to the "fire counseling body operation device" published on January 14, 1988, the Japanese Patent Gazette (number omitted) has a technical feature that determines the location of a video fence in the video formation device, such as an electronic photographer and sn beam beamer, and the main drawing (attached Form 2) is as shown in paragraph (1) of the attached Table.

2) Cited Invention 2 (A No. 16)

On October 6, 1992 (Patent Registration No. 2 omitted), a patent is registered and published in the U.S. Patent Gazette at that time, and the invention about "Posti-enging couping for a group for portable tools" that is published in the U.S. Patent Gazette.

3) Added Invention 3 (A No. 17)

On December 8, 1992 (Patent Registration No. 3 omitted), a patent is registered and published in the U.S. Patent Gazette at that time, and is published and published in the U.S. Patent Gazette, and is an invention pertaining to “celling low-speed assembly for prize devices”.

4) Cited Invention 4 (A No. 18)

It is a technology concerning the structure of the video formation device with the improved quality of action, which has been launched in Xerx Disclure Joural, published in 195.

5) Cited Invention 5 (A No. 19)

It is an invention on "the installation of a luminous drum" published on November 26, 1993, which is published in the Japanese Patent Gazette (number omitted).

6) Cited Invention 6 (A No. 20)

The patent on June 21, 1994 (patent registration No. 4 omitted) is registered and published in the U.S. Patent Gazette at that time, and disclosed “high speed Spins and motors”.

7) Cited Invention 7 (A No. 21)

On January 16, 1951 (patent registration No. 5 omitted) a patent is registered and published in the U.S. Patent Gazette, and is published in the U.S. Patent Gazette at that time, the multiple protruding part, which is the front part of the handcock screen, is combined with a multi-pocking method, the front part of the handcock screen, which is the front part of the handcock screen, is to deliver the front power of the handcocker to the company, and the main drawings are the same as the paragraph 2 of the attached Form 2.

8) Cited Invention 8 (A No. 22)

The invention is an invention on the " video-making system using process mileage and its mileage" published on January 9, 1988, which is published in the Japanese Patent Gazette (number omitted).

9) Cited Invention 9 (A No. 23)

The device related to the " video formation device" published in the Japanese Utility Model Gazette (number omitted) and disclosed on June 25, 1993 is a device consisting of video formation devices, such as a reproduction machine, facsimile, and printer, etc., and there are technical features to ensure that even if the drum-dong language has a big force, it does not run away from the drum, and the main drawings (attached Form 2) are as shown in paragraph 3.

C. Details of the instant trial decision

1) On August 13, 2010, the Plaintiffs filed a petition for a registration invalidation trial against the Defendant on the ground that the invalidation or non-obviousness is denied on the ground that the invention described in Articles 25 and 26 of the instant case may be easily claimed by a person with ordinary knowledge in the relevant technical field (hereinafter “ordinary technician”) by comparable invention 1, 7, and 9, etc.

2) After the Intellectual Property Trial and Appeal Board deliberated on it as No. 2010-Ba2074, Jun. 30, 2011, the instant trial decision was rendered to dismiss the Plaintiffs’ request on the grounds that the instant Claim Nos. 25, 26 cannot be denied by comparable Invention 1, 7, and 9, etc.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 7, Evidence No. 16 through 23, the purport of the whole pleadings]

2. Summary of the parties' arguments

A. The plaintiffs' assertion

Of the instant Claims Nos. 25 and 26, a sprinkler structure used in transmitting the former power is already publicly known in comparable inventions 2 through 6 and comparable inventions 8. The characteristic composition of the instant Claim Nos. 25, as claimed by the Defendant, may be easily derived from comparable inventions 1 and 7, or from comparable inventions 1 and 7, the instant Claim Nos. 25 cannot be deemed new or non-obviousness. Also, the instant Claim Nos. 26 cannot be easily derived from the characteristic composition claimed by the Defendant by the ordinary skilled person 1 and 9. Accordingly, the instant trial decision that differs from this conclusion is unreasonable.

B. Defendant’s assertion

The purpose of the instant Claims 25 and 26 is to simultaneously achieve the task of improving and separating the accuracy of the luminous fordrums. The purpose of the instant Claims 25 and 26 is to improve the accuracy of the luminous fordrums by continuously transmitting the luminous power from the ophing on the dynamic side to the ophing on the dynamic side during the video formation action, and to ensure that the ophing between the dynamic side and the dynamic side is severed, and the ophing between the ophal side and the ophal side is to be cut off, and there are no effects of immediately exposing the ophal fordiv in the vertical direction of the body of the video formation device, and the composition corresponding thereto are all different from comparable inventions 7, 26 inventions 7 and 9. Therefore, it cannot be seen that the nonobviousness of the instant Claims 25 and 26 cannot be easily derived even an ordinary engineer. Therefore, the instant decision is justified, as the nonobviousness of the nonobviousness of the instant Claims 25 and 26.

3. Determination as to whether the instant trial decision is justifiable

As seen above, the Plaintiffs asserted that the characteristic composition of the instant Claims Nos. 25 and 26 had already been initiated in comparable inventions 1, or that the ordinarily skilled person could easily derive pursuant to comparable inventions 1 and 7, or the Defendant-Appellant 1 and 9, and thus, the Plaintiffs are determined as to the legitimacy of the instant trial decision based on this.

A. Relevant legal principles

1) The claim(s) states that a patent applicant intends to be protected as a patented invention. Thus, the confirmation of an invention subject to newness and inventive step shall be based on the matters described in the claim(s), and it is not allowed to limit or expand the claim(s) by any other description, such as the detailed description or drawing of the invention. However, the matters described in the claim(s) may accurately understand the technical meaning of the invention by taking into account the detailed description or drawing of the invention(s). Thus, the claim(s) shall be objectively and reasonably interpreted after considering the technical significance that the patent applicant intends to express in accordance with the claim(s) based on the general meaning of the invention(s) and considering the detailed description and drawing(s) of the invention(s).

2) In addition, the term described in the specification of a patent shall be used in a common sense that it has, at the same time, uniformly uses it through the entire specification, and when intending to use it in a specific sense, it is permitted to define and use it. Thus, if the term is defined in the specification, it is sufficient to interpret it in accordance with it (see Supreme Court Decision 2004Hu486, Sept. 29, 2005). However, unless the term is defined in the specification as defined in the specification, it shall be interpreted uniformly through the entire specification in accordance with the meaning of the term generally recognizable to a person with ordinary knowledge in the art (see Supreme Court Decision 2005Da77350, 77367, Feb. 28, 2008, etc.).

B. Whether the instant Claim 25 invention is new or non-obviousness denied by comparisond Invention 1

(i)to prepare for the technical field;

The instant Claim 25 invention has a technical feature in the composition of the luminous drum among “processing knife, electronic photograph-making device, absence of transmission of Gu power, and electronic photograph drums” (see, e.g., evidence No. 3, No. 4 to No. 3 at the bottom of the 2nd and No. 15 at the bottom of the 3rd). Invention 1 is related to a chemical dicule operation device (see, e.g., evidence No. 7 and No. 4 to No. 7 of the instant patent invention) in which the location of the dicule is determined and operated by determining the location of the dicule in the image-making device, such as an electronic photo reproduction, an electronic photographr, and a facsimile machine, etc.

(ii) preparation for purposes;

When the previous technologies (patent registration No. 6 omitted) of the patented invention of this case (patent registration No. 6 omitted), the previous technologies (patent registration No. 7 omitted) of this case, in combination with the necessary home formed in the aspect of the luminous forum by allowing the length of fixed pin installed on the side of the main assembly, have the effect of transmitting the previous power well and preventing the revolving operation. However, as the length of fixed pin is long as it appears that there was an inconvenience in leaving the main assembly of the main body, and there was a problem that the revolving power transmitted to the luminous for the main purpose is very effective, but there was a problem that the revolving operation has been reduced due to repeated contact and separation between the weather.

6. The patented invention of this case is designed to solve the problems in previous art: ① improve the accuracy of the electric luminous drum; ② deliver the electric luminous drum from the main prefabricated to the luminous drum; ③ When the power of the Gu is delivered, the revolving of the main prefabricated of the device shall be the core of the luminous drum of the luminous drum and the core of the studs of the studs of the studs of the studs of the studs of the studs of the studs; ④ when the power of the Gu is delivered, the location of the studs of the device is determined by the studs of the studs of the studs of the electronic studs of the device, ⑤ improve the studs of the 2ndic studs of the electronic studs of the device; ② improve the 3ndic studs of the studs of the mechanical studs of the device to be 2nds of the equipment.

On the other hand, the purpose of the comparisond Invention 1 is to facilitate the luminous divers from the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body

Therefore, the purpose of paragraph 25 inventions and comparable inventions 1 both of the instant Claim 25 inventions is to prevent video consumption by improving the revolving accuracy of the luminous drum and to improve the operation of the luminous drum to separate the luminous drum from the main body of the device.

(iii) preparation for composition and effects;

A) Analysis of the elements of the instant Claim 25 invention

2) Claim No. 25 of this case is 1444, 200, 200, 200, 200, 2000, 200, 300,000,000,000,000,000,000,000,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,002,0222,20,00,00).

B) The technical meaning of the “Coper” and “non-fluorin” as indicated in paragraph 25 of the instant case

(i)The detailed description of the invention and other relevant principles;

Although 'Breshed' 'Breshed'(satched with soar satching)

Dried or unfluored parts

“.......” The corner of a crypt or road in a certain space of the coponer;

In order to accurately understand the technical meaning of the aforementioned terms and the technical composition of the instant Claim No. 25 in accordance with the aforementioned legal principles, even if the meaning of the instant Claim No. 25 is not clearly known prior and literaryly, it should be objectively and rationally interpreted after considering the technical significance of the instant Claim No. 25 in light of the general meaning of the language and text, taking into account the detailed description of the invention and the drawings, etc. in accordance with the aforementioned legal principles.

As to this, the plaintiffs asserted that the technical composition of the Claim No. 25 invention of this case can be confirmed by clarifying the technical composition only by the description of the claim, and therefore, it is not necessary to supplement it by other description in the specification. However, the claim No. 25 invention of this case does not clarify the technical composition of the plaintiffs since it is difficult to properly understand how to solve the inconvenience incurred in the time of unfashing with the previous technology and how to solve the problem of unfashing accuracy and what the technical meaning of the “unfashing part” is “consing with unfashing part” and what is the technical meaning of the “unfashing part.”

Doz. Technical meaning of the “Corner”

The “Coper” as indicated in the instant Claim No. 25 is merely indicated in the scope of claims, and there is no same expression in anywhere the detailed description of the instant patent invention is indicated, but the “Coper” with the same intent as the meaning of “coper” or “cop,” which is the term pureized in the Korean language, is indicated in the detailed description. Therefore, the term “Coper” cannot be deemed to have been uniformly indicated through the entire specification.

Therefore, the characteristic and technical meaning of the shape of the “Coper” as stated in the invention of this case should be understood as “coperal part” in consideration of the detailed description and drawings of the patented invention of this case.

㈎ 모서리부(코너부)의 위치

In the detailed description of the patented invention of this case, the detailed description of the patent invention of this case states, “at this time, the vertical axis (17) moves immediately and the surface (18a1 in the shape of 18ba) on the side surface (18ba), on the part of protruding line (17a1 in the shape of 18ba) from a certain location (17a), is contacted with the protruding line (17a1) in a protruding line (17a) at a certain location. However, if the protruding line (18a) starts from the beginning on three points (17a), it comes to contact with the protruding line (17a) at three points (17a) of the protruding line, X1 and X2 shall .” (see evidence 3 of this case, No. 10-12-18, and map No. 188). The description is indicated in the same map as the map No. 7, 8,101, and map No. 1718(a).71).

Therefore, when the Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

㈏ 모서리부(코너부)의 기능

Among the detailed description of the specification of the patented invention in this case, since the size of the trigram (18a), as if it were cityed on 18 degrees, is larger than protruding part (17a), protruding part (17a) with the gap in 18a (18a). The accuracy of the location classification between the hydro-camping axis (17) and the cancer pluging axis (18) may be reduced at the time of combination operation (see evidence 3, 10, 5-8 and drawings, 11, 18bdo), and the location of the 3rd part of the patent invention is determined by these contact points. The 17rd part (17a) and the 17rd part (17a) protruding part (17a), protruding part (17a), protruding part (17a), protruding part (17a), protruding part (17a), protruding part, in accordance with the same situation, are due to the changes in the tride of the upper part).

【Unfreshing” and “unfresh” technical meaning of “unfreshing”

According to the language and text of the instant Claim 25 “non-explosive 1” and “non-explosives” shall be checked on the upper and lower sides of the bar-frames, and the organic combinations of non-explosives and non-explosives shall be examined in order to identify the technical meaning thereof, and the shape of “protruding-out (17a) protruding-out shapes” shall be protruding-out shapes (or 18a) in the direction of 13 protruding-out shapes (it shall be see) in the direction of 17 protruding-out shapes (it shall be protruding-out) and protruding-out shapes (it shall be 17a) in the direction of depicting-out (it shall be 18a). This shall also take measures such as protruding-out shapes (it shall be 181) and protruding-out shapes-out shapes (it shall be 13) in the direction of depicting-out shapes (it shall be 183).

· Judgment on the plaintiffs' assertion

First of all, in the previous infringement litigation case, the plaintiffs asserted that the defendant interpreted the phrase "non-original crossing of a number of dunes" and "non-permanent shape" of the invention of paragraph 25 of this case as it is (see evidence 12 of this case), but in this case, the plaintiffs asserted that it violates the principle of the prohibition of the prohibition of the prohibition of the speech to interpret "non-permanent crossing of a number of duness" as "the area where the shape of the part of the part of the part of the part of the part of the part of the part of the part of the dunes is plucked or plucked so that the shape of the part of the part of the part of the part of the part of the duness can be substantially non-permanent, so that the part of the part of the part of the part in the part of the part of the part of the part of the part of the duness can be delivered with power by contact with the surface of the part of the part

However, it cannot be deemed that the defendant's assertion in the lawsuit of this case is against the principle of a speech merely because the defendant's assertion contrary to the assertion in the separate infringement lawsuit of this case is in conflict with the assertion in the lawsuit of this case. Moreover, the defendant's interpretation in the case of "Coper" and "non-fluor" do not differ significantly from the interpretation of the previous infringement lawsuit case, and only explain the function of the form of the case. The above function of the defendant's assertion is the function of "coper" and "non-fluor" as stated in the specification of the patented invention of this case. Thus, the above argument

Next, the plaintiffs asserts that the method of distributing "non-fashing" and "non-fashing hole" of the patented invention of this case is unreasonable to interpret the method of cutting off only the 1string method in the interpretation of the technical meaning of "non-fashing" by limiting the method of cutting off to the 1string method, which is the method of executing the luminous drum to cancel the luminous drum from the main assembly, and the form of implementing the luminous drum from the main assembly with the artificial power of the mother and the drilling power of the headr to the direction-setting power generated from health.

However, according to the specification of the patented invention of this case, in addition to the method of (i) combining or removing Rodd (37) movement and the outer side camping (35) and the inner side camping (36) before the opening or closing of the Rod (37) (see Evidence 3, 9, 20-30) in addition to the method in which the protruding and the protruding are separated from the body of the body, the Madr (30) can turn back to the opposite direction, and the Madr (33) method can automatically be cancelled due to the drilling between the Madr (33) and the health language (34) (see Evidence 3, 12, 4-6) and the upper part of the Madr (30), it is difficult to accept the said method by suggesting the difference between the two protruding and the protruding one to protruding or protruding one to the upper part of the upper part of the Madr (30).

C) Technical meaning of “Bag” listed in comparable inventions 1

The Plaintiffs asserted that the “unfreshing hole and protruding part with a non-containment and protruding part,” as indicated in paragraph (25) invention of this case, are identical to the Nags (111a, 111b) listed in the comparable Invention 1, and thus, the instant Claim 25 invention is denied newness. Thus, the Plaintiffs first examine as to Nags (11a, 111b) listed in the comparable Invention 1.

(i)A description of comparable Invention 1

1-1-6-1-6-1-6-2--1-6-2--2--2--1--2--1--2--1--2--2--2--2--1--2--2--3-2--1--2--1--2--2--1--2--2--1--2--2--2--2--1--2--1--2--2--1--2--3-2--1--3-2--1--2--1--2--3-2--1--2--1--2--3-2--4-2--44-2)--1-2--3-2--14-2--2--44-2---3-24-2--12--14-24--14-27

Doshe General Nas

B. The home, which continues to turn in one direction in the original form, is a standardized for the shape, diameter, spons, hboards, etc. of Naba, and in Korea, the standards for various Naba in KSB 0201, etc. (see Evidence No. 11, No. 1, No. 1, No. 1), and the characteristics of Naba are as follows in order to more confirm the characteristics of Naba.

㈎ 나사의 구성과 용어

B. The wing part of the breage of the bale line is still still still stillborn, the low home part of the bale, and the bale or the bale with such a bale bale bale bale bale. The bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale fle bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale bale (attached Form 3) connected each other’s bale bale bale.

㈏ 나사의 종류

B. Pursuant to the shape of stillbirth, it is divided into three angles or yarns, dies, saws or saws (attached Form 3) and divided into two categories (attached Form 2); Nasiums combined with parts, physical nasiums or measuring nasiums according to the purpose of use; Nasiums or nasiums used in the coordination of their locations; Nasiums or nasiumsiums used in physical nasiums or nasiumsiums used for the purpose of transmitting nasiums or moving nasiumsiums, nasiumsium, nasium, nasium or nasiumsiums; 1 Nasiums or 2 Nasiumsiums made on the basis of one Nasium line; 2 Nasiums or 1 Nasiumsiums or 2 nasiumsiums made on the basis of one Nasium line; 1 Nasium or 2 nasium.

The parts that function in the conclusion of the Nabag is not a Nabama, but a Nababag, a Nababag, a Nababag, a Nababag, and maintain mutual conclusion through the Magnbag's Mabag's Mabag's Mabag's Mabag's Mabag's Mabag's self-reliance status. In addition, the necessary conditions for the Nabag's self-reliance status should be more than the Nabag's Maba, but in the case of Nag

【Dispacted Invention 1Na

In full view of the description of the cited invention 1 as well as the general features of the company, it is reasonable to view that the V(33), and Naba (111a, 11b; 20b, 109C) listed in the comparable invention 1 as follows: (a) are included in the shape of stillbirth, or in the shape of Naba, the diameter, the Naba, and the Riba; and (b) merely in the form of Naba, and the function of “Conclusion” is indicated as a Naba; and (c) in particular, it is reasonable to view that the Naba’s power as mentioned above is a Naba in the form of a b

· Judgment on the plaintiffs' assertion

The plaintiffs asserts that, from the drawings of comparable inventions 1, the Nasa of comparable inventions 1 falls under three lines, the Nasa of comparable inventions 1 is a Nasa and multiple copirs.

[Attachment 3] Reference Materials No. 1 Naba can be distinguished from the appearance of the line listed in paragraph 3. In addition, if the crossing of the line indicated in paragraph 4 as reference materials, a copon which can be called as a Moba is not formed at all, and even at the crossing of the line, there is no coponer shape. Therefore, unless there is any ground or cancer to determine that the line is three lines, it cannot be concluded that the form of Naba (11a, 11b) or Baba (20b, 109c) listed in Cited Invention 1 can not be determined as 3 Nabatha, only only with the shape of Naba (20b, 109c) listed in Cited Invention 1, Naba (111a, 111bb; 20b, 109c) can not be accepted, even if there is no function of the plaintiffs' 1) or Mababathatha (1).

D) Preparation on the premise

The instant premise pertains to “the luminous drum for an electronic photographic recording device for the purpose of forming images on the recorded material,” and the instant premise corresponds to the dial dynamic system of comparable inventions 1, and there is no substantial difference in that both of them are specified in the dial dial drum technology consisting of a video recording device.

E) Of components 1 and 2

The components 1 are with respect to “the upper apparatus: (a) the upper apparatus is composed of 1 foots of copper power from Moter; (b) the center of the absence of the upper dong; and (c) the non-contains of the non-contains of the non-contains with multiple projecters; (d) the upper electronic photo drums of the upper strings are absent, and the upper strings of the upper strings of the upper strings; (b) the upper strings of the upper strings are prepared on the top of the upper strings, and can be combined with the above non-contains of the upper 3-dimensional and non-contains of the upper 10-dimensional crossings of the upper 20-dimensional crossings; (c) the upper 1-10-1 meter and the upper 1-20-wheeled surface of the upper 21-1000 square meters (see, e.g., see 120-120-1-1-1-10-20).

Each response composition shall be consistent in that a hole (111b) of the component of an invention 1 is located in the central part of the main body of the revolving the power from the mother of the main body of the invention (20) and the protruding part (111a) of the component 2 of the protruding part of the protruding part (11a) of the invention 1 of the protruding part of the protruding part (110) of the protruding part of the protruding part of the protruding part (11b) of the protruding part of the protruding part (110) of the protruding part of the protruding part of the protruding part of the protruding part of the protruding part (1 of the prosection 1 of the prosection 1 of the prosection 1 of the prosection 2) is located in the central part of the main body of the Gu [20].

However, compared with the Nags (11a, 111b) of comparable Invention 1, the shape and the unfold hole and the unexplosive part with multiple joints of components 1,2 are entirely different from the Nags (11a, 111b) of comparable Invention 1. In other words, as seen in the Section 2 of the same Article, the shape and the unafresh part with multiple joints of the elements 1,2 and protruding part with multiple joints of the parallel line 1,2 are entirely different from each one of the joints of comparable Invention 1, 111a, 11b. In other words, as seen in the Section 1,2 of the same Article, the shape and the unafresh part with the unafresh part with the two joints of the parallel line 1,200, while the cross-section of comparable Invention 1, the cross-section part 1,000 square meters with the two joints of the parallel 1,000.

Therefore, the elements 1 and 2’s “non-freshing hole and non-freshing hole with multiple cospackers” does not begin or suggest such organic structure as in the comparable invention 1. Therefore, it is difficult to view that a person with ordinary skill can easily derive from comparable invention 1.

F) Of components 3

The components 3 are “When a luminous drum is installed in a main assembly, the protruding part is combined with the string hole so that the said drums can turn the said drums.” As to the cited inventions 1, “The first degree (a) is a strong state in which the drum (1) is installed on the main body of the device, and the first degree (b) is completed.” (See evidence 7, 3-5 parallels on the left side of the third degree and drawings 100) and “Moter (100) is able to turn back the two directions before the back of the gring direction (hereinafter, hereinafter, 11a, 11b) and its back direction-setting. In addition, the direction-setting (see e.g., the first degree) is set at the direction-setting 10 to 10 g., the upper direction-setting 10 g., the upper direction-setting is relatively set at the direction-setting 10 to 70 g.m.

The two response components are the same only in that the luminous drum (the “drum (1)” of the invention 1) is used as a power to reconcept by combining the protruding part of the component 3 (the drum (111b) of the non-concing invention 1) with rocks (11b) and the drum (1) of the comparable invention 3 is installed in the main assembly and the structure at the time the drum (1) of the comparable invention 1 is installed in the main body of the device is different (hereinafter referred to as “vehicle 1”) from the structure at which the protruding part of the component 3 is combined with the protruding part of the protruding part of the non-con hole of the non-conctor (hereinafter referred to as “the difference”) of the comparable invention 1-B(11a, 11b) of the non-concing invention 1) (hereinafter referred to as “the difference between the two structure and the one at the same time (hereinafter referred to as “the difference”).

(i)Difference 1

In the component 3 of this case, the structure at the time the luminous Forum is installed in the main assembly is the structure that the protruding part of the luminous forum, composed of the sides of the luminous forum, is cut off in accordance with the direction of the main assembly in a vertical direction pursuant to the Ga (15a, 15b) where the protruding part of the protruding part, which is composed of the part of the luminous forum, is laid down in a slope of the base of the main assembly (18a) and is in a state of schills (see evidence 3, drawing Nos. 5, 6, 17 degrees). In other words, the structure that is convenient that the protruding part of the protruding part of the protruding part, which is composed of the part of the protruding part, can be installed in the main assembly in a vertical direction without paying attention to the direction of the axis part in a vertical direction.

On the contrary, comparable inventions 1 is inserted through the space of this body board (102) with a luminous dump (110) and a dump (112a) created between the luminous dump (10) and the dump (111a) with a dump (112b) dump (112b) formed on the dump (100) base (20) inside the dump (112b), and fin (1021,102b) formed on the back of the dump (102) with a dump (102) with a dump (102) with a dump (120) with a dump (111b) with a dump (20) with a view to reaching the left side of the dump (102c,102d) with a 120 dump and 1210 dump (12) with a 1202).

Therefore, the two inventions are completely different from the structure of the “when a luminous drum is installed in a main assembly” before combining the unaudio protruding part and the hole [a 111a, 111b] of the unaudio invention 1 in the unaudio (a) invention in the unaudio, and there is no implication in which an ordinary technician can derive three components from comparable inventions 1.

Doz. 2

(6) From 3 the instant components: (a) the period of non-explosive movement consisting of one hole in the direction of 1 to 3 non-explosive boxes (see, e.g., e., 15 to 17 degrees); (b) the structure combining the essential home (18a) and the part (17a) of the instant patented invention with respect to the closure of the 17 foot mold (see, e.g., see, e., e., e. 17 non-explosive molds) shall be described in the direction of 1 to 30 square meters (see, e.g., e., e., e., e., e., e., e., e., e. 17 foots) and 1 to e.g., an stick-out mold or 17 boxes; and (c) the shape of an stick-out mold may be separated from 340 square boxess (5) so as to e.3).

On the other hand, comparable invention 1’s drum (1) installed in the main body of the device and Nanas (111a) combines Nanas (11b) with Nanas (11b), “First of all, Manas (20) and Manas (1) joints with Manas (112a), namely, Manas (112b) and joints with Manas (112b) and joints with Manas (112b), and if Manas (100) are charged with Manas (10b), Manas (10b) and Manas (111b), Manas (10b) and Manas (110b) are separated from Manas (10b) and Manas (1110b) and Manas (110b).

Therefore, due to such difference 2 as above, it is difficult for an ordinarily skilled person to easily derive from the structure of the conclusion between the rocks (11b) of comparable inventions 1 and the hydroelectrics (11a) to close the cover of the main assembly of components 3 from the structure of the hydroelectrics (111a) of comparable inventions 1 in order to facilitate the straight-ining composition of the straight-ining part of the protruding part.

With regard to this, the plaintiffs asserts that, if the brid angle of comparable invention 1, it would be the same as the combination of the non-freshing and protruding hole having the multiple coponers of the instant Claim 25 invention.

In the event that the brid of comparable invention 1's brythroids are combined with the bryroids, the conclusion of the contract is also required by the balthic force attached to his fladcke, and the conclusion of the contract also requires the revolving revolving. The balth of the flag of the protruding and the flag of the protruding part without the interview of the flag, is revolving by the inner side of the hole of the hole without the interview of the flag, and can be separated from the balthroids of comparable invention 1, so the above argument by the plaintiffs cannot be accepted.

In addition, the plaintiffs explain in the specification of the patented invention (Evidence No. 15) registered by the defendant's subsequent application the part corresponding to "non-permanent protruding part" and "non-permanent protruding part" of the invention of this case, which corresponds to "non-permanent protruding part" and "non-permanent protruding part" of the invention of this case, respectively, in the specification of the Japanese patented invention (Evidence No. 36 through No. 40 of the Evidence No. 15) that the defendant filed subsequent application, the plaintiffs explain that the "non-permanent protruding part" can be replaced by "Naa", and therefore, the "non-permanent protruding part" of the invention of this case in paragraph 25 of this case should be deemed to be substantially identical with the "non-permanent protruding part" of the comparable invention of this case.

In interpreting the claims of a patent invention, the so-called internal evidence, such as the specification of the patent invention in question and the process of examination, should first be taken into consideration, and it cannot be different from the interpretation by internal evidence, taking into account the so-called external evidence, such as the specification of other inventions, and what terms used in the subsequent patent application refer to technically, should be determined reasonably by comprehensively considering the context before and after the specification of the subsequent patent application and the specific purpose of the invention and the method for solving the issues of the subsequent invention, and the fact that the drawings and professional engineers are partly similar, it cannot be readily concluded that the relevant composition described in the specification of the Japanese patent invention in question is the same as the previous invention. However, the relevant composition described in the specification of the subsequent patent application in the plaintiffs asserted by the plaintiffs is merely a part of the alternative explanation of the "non-frithm protruding," and it can be seen that it has been modified to indicate an equal or close effect. Therefore, the plaintiffs' above assertion cannot be accepted.

Madern 3

After combining non-protruding part in components 3, the structure from which the Gu power is conveyed to a luminous drum so that it can be reconcept shall be installed in the main assembly (13) and the essential (18a) of protruding part (17a) and main assembly (13) shall be combined. When revolving power to protruding part (17a) from 18a (17a) and protruding part (17a) shall be periodically contacted to the inner side of the necessary home (18a) and this center is 18ado and 18b, its center shall be automatically fixed by the 17-out line (17-out line) line with the inner side of the main line (17-out line) in the direction of the 18-out line with the main line (17-out line) in the direction of the 18-out line with the main line (17-out line) in the direction of the 18-out line.

On the contrary, the water history history (11a) of the comparable invention 1 and the cancer company (111b) are combined, and subsequent to the combination, the Gu power that combines the drum (1) is a component delivered by the drums and hydrostroke interview with the drums, such as general bareboats, and thus, it is different from the non-spacing part of the component 3, and there is no implication or implication to make it possible for ordinary technicians to easily derive the structure of transmitting the Gu power from the combinations of comparable invention 1 to the 3 multiple can be derived from the combinations of the general bareboats of the elements of the invention 1.

G) Arrangement of the results of preparation

As seen above, since the characteristic elements 1 and 2 of the instant Claim Nos. 25 and the component 3, which are the combination structure, are not initiated or proposed in the comparable invention Nos. 25 and the comparable invention Nos. 25 are the same as the instant Claim Nos. 25 and the comparable invention Nos. 1, or a person with ordinary skills can easily derive the instant Claim Nos. 25 from the comparable invention Nos. 1, and the effects thereof are significant differences.

Therefore, the instant Claim 25 invention is not new or non-obviousness by comparable inventions 1.

C. Whether the nonobviousness of the instant Claim 25 invention is denied by comparisond Invention 1 and 7

In comparison with paragraph 25 invention of this case and cited inventions 1 and 7, comparable inventions 7 are related to scocket scocket sclickws. In particular, in a construction section composed of a bucket head (12) which can be capable of driving the Gu power and a section composed of a bucket 12 (12), technological features are to ensure that the external combustion (2) of the bscock hole of the construction section at the time of the movement of bracks into a bring (13) so as not to take place a relative turning between Bscocks and tools (see Section 21, No. 21, No. 19-19 and 32-2, etc.). As can be seen, comparable inventions 7 are divided into a bscick with a mold formed with a bscacker's location in mass production, automation, etc., and a hole installed with a bscacking purpose.

Accordingly, the comparable invention 7 is merely a component of the organic relationship between Bags and the corresponding portable tools, and the technical field is different from that of the instant Claim 25, and its purpose and effect are different from that of the instant Claim 7. Moreover, even though the structure of Bags and the section with the non-agreed hole in the comparable invention 7 was commenced, these non-agreed shape is easily combined with Bags by the pressure of the construction section, and at the same time, they are technically distinctive to fix Bags so as not to be easy from Bags, so the instant Claim 25 invention is distinguishable from that of a professional engineer, which constitutes a degred shape for convenient landing and improves the accuracy of Bags due to the non-greed shape.

Thus, it is difficult to see that the purpose and effect of the instant Claim 25 invention is different from that of comparable invention 7’s non-scriptive blouses, and the structure of tools that combines with the comparable invention 1 and 7, and thus, the instant Claim 25 invention cannot be easily derived from ordinary technicians 1 and 7, and thus, the nonobviousness of the instant Claim 1 and 7 is not denied.

D. Whether the nonobviousness of the instant Claim 26 invention is denied by comparisond Invention 1 and 9

(i)to prepare for technology and objectives;

The instant Claim 26 invention is also related to the luminous drum of the video formation device. The purpose of the instant Claim 26 is to improve the drum of the electronic photo drum, to ensure that the former power is delivered clearly from the main assembly to the drum, and to facilitate the drum drum, which consists of the drum, protruding part prepared at the central axis of the drum, and the drum, in which the drum is delivered to the roller when installed in the main assembly (see Category A, No. 3, No. 21-35).

As seen earlier, the cited invention 1 aims to improve the refabability of the luminous drums and to facilitate the refacing of the processed carart mileages constituting the luminous drum from the main assembly. The comparable invention 9 is related to the video formation device that constitutes a structure phenomenon device for each emulsion (3,21) and, even if the luminous drums (7,26) or hackers (8,24) have a big power, the purpose of the comparable invention 1 is to ensure that the luminous drums (1,20) do not go far from the luminous drum (1,20) (see, e.g., evidence No. 23 and No. 1 [the purpose].

Thus, the purpose of the instant Claim No. 26 invention and the instant Claim No. 1 is to improve the revolving accuracy and facilitate the exploitation of the luminous forum. The purpose of the instant Claim No. 26 invention is the same as that of the instant Claim No. 1, while the purpose of transmitting the power of the instant Claim No. 26 to a roller through the luminous drum from the main assembly, is not the comparable invention No. 1, but is substantially the same as the purpose of the comparable invention

Therefore, the purpose of the instant Claim No. 26 invention is to make it possible for a person with ordinary skills to have sufficiently predicted from comparable inventions 1 and 9, and thus, it cannot be deemed to have peculiar characteristics in its purpose.

2) Preparation for composition

(a) The elements of Claim 26 of this case are, in the electronic photograph reduction forum of calotage electronic photo-making apparatus that can be adhered to the main assembly of the electronic photo-making apparatus for the purpose of forming images on the recorded materials, the above main assembly shall be made up of the mortar, the main assembly body that is powered by this calculator, and the center of the above main assembly body, having a calculator, having a de facto cross-sectioning surface, and the above electronic photograph reduction forum shall have a calculator, on its surrounding face, no power delivery machine installed in the above calculator once it is installed in the main assembly of such calculator, and no power storage machine shall be made up of the calculator with a calculator of the above calculator, with a calculator of the above calculator in combination with the power-driven calculator of the above calculator of the calculator of the upper body.

The invention of this case also is identical in that it is formed into the central part of the main prefabricated, as in the invention of paragraph 25 of this case, in order to improve the wheel accuracy and facilitate the luminous drum from the main prefabricated, and it is formed into the central part of the term of the main prefabricated, and the non-catering part of the chilling part, which is the crossing of the three-dimensional type, in comparison with the invention of paragraph 25 of this case, is formed into the axis formed in the center of the luminous drum, which is composed of the main drum, which forms the drum hole with the three-dimensional crossing surface, and it delivers the drum power to the drum of the drum of the drum, and the drum contains the composition of the drumr's motor engine and the phenomenon in line with the engine of the drum and the phenomenon of the drum.

B) On the other hand, the comparable invention 9 consists of 23 air conditioners (25) placed above the luminous 20 (20) and the earth (25) received by the earth (24). The lower part of the 26th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 9th part of the comparable invention (20th part of the 21th part of the comparable invention (21th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 20th part of the 21th part of the 20th part of the 20th part of the 20th part of the 1th part of the 4th part of the 10

따라서 비교대상발명 9에서는 현상구동기어(27)와 현상롤러(26)가 감광드럼(20) 쪽에 부착되어 있어 감광드럼(20)에서 현상롤러(26)가 떨어져 화상이 하얗게 되는 문제점을 해결하게 된다(갑 제23호증, 5면 식별번호 [0006], [0007] 참조).

C) Accordingly, the composition of the instant Claim No. 26 was added to the composition of the instant Claim No. 25, and as seen in the foregoing Claim No. 25 (A. 3), the composition of the instant Claim No. 26 is different from the elements of the instant Claim No. 26 inasmuch as the surface of the rock company (11b) formed on the side of the main assembly on the side of the mother’s main assembly and the waterway (111a) formed on the side of the b. c., as seen in the foregoing Claim No. 25 (hereinafter referred to as the instant Claim No. 25) were concluded by the mother, and the structure of the instant Claim No. 26 is different from the composition of the instant Claim No. 26, and the composition of the instant Claim No. 26 is different from the function of the main assembly and d. 26.

Therefore, it is difficult to view that the composition of the instant Claim 26 invention can easily be derived from the combinations of comparable inventions 1 and 9 by ordinary technicians.

(iii) preparation for effects;

The Claim 26 invention of this case is not only able to improve the accuracy of the revolving with the non-fluoring hole, non-fluoring part and main assembly body, drum, drum, roller's mutual connection, but also able to communicate the previous power well and can easily transmit the luminous drum to the main body of the body, and has the function effect that can make the combination simple, but it cannot have such function effect from the combinations of Cited Invention 1 and 9. Thus, the Claim 26 invention of this case is recognized as an obvious nature of its effect.

(iv) arranging the results of preparation;

Therefore, the instant Claim 26 invention is similar to the comparable invention 1, 9, technical field, and purpose. However, the elements for achieving the purpose are entirely different and effective, and thus, the nonobviousness by the comparable invention 1, 9 is not denied.

4. Conclusion

Thus, the trial decision of this case that held that the invention of this case Nos. 25 and 26 does not deny the newness and non-obviousness is just, and the plaintiffs' claim seeking its revocation is without merit, and it is dismissed as per Disposition.

Judges exhaust fever (Presiding Judge) and Kim Yong-deok