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(영문) 특허법원 2016.05.13 2015허7285
권리범위확인(디)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s explanation of the registered design of this case (A) No. 2 and a description of the drawings

1. On February 2, 200, the main design is made of synthetic resin and metal materials: (a) a separate pot, which supplies water as seen on reference, combines it with the inner center, and is used easily by means of convenience stores, feet, etc., to control dampness through sanitary water; (b) the main design is used by linking the instant plant cables with the ordinary USB cables on the surface of the ship; (c) the article subject to a design on the surface of the earth: (d) the filing date of damp water / the registration date/ the registration number of the water / (d) the right-hand side of the surface map / the upper right-hand side of the sloping map, 3) the application date of the instant design / the registration date on February 21, 2013; and (e) No. 721541, Dec. 13, 2013;

B. The Defendant asserted that the design subject to confirmation is being carried out by the Defendant, and the Defendant specified the design subject to confirmation as described below 1 at the time of the request for a trial on confirmation of the scope of passive rights in the instant case, and submitted a written correction (Procedural supplement) on July 14, 2015, which is going through the trial, thereby revising the design subject to confirmation (hereinafter “instant amendment”) as follows (hereinafter “instant amendment”).

1) At the time of the instant petition for trial, the description of the design subject to confirmation (A/11) and the features of the creation

1. The material is synthetic resin and metal materials. 2. This design is used by combining it with water candles. - This design is characterized by the shape in the flowers which is composed of a flag, in the shape of a fireworks on the basis of flat. The combination of the shape and shape of a "dried" is an essential point in the design content.

b. The design as revised on July 14, 2015 (the description of the evidence No. 12 and the features of the creation)

1. The material is synthetic resin and metal materials. 2. This design is used by combining it with water candles. - This design is powdered on the basis of plane.

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