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(영문) 특허법원 2015.04.09 2014허7660
거절결정(디)
Text

1. The decision made by the Intellectual Property Tribunal on August 25, 2014 regarding a case No. 2013 won and 4224 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) The filing date and the application number of the instant design: the product subject to design on June 28, 201, 30-201-201-26492) : The applicant: (a) the description of the design and the drawings (the drawings are amended as of January 18, 2013) (attached Form 1):

B. On February 12, 2013, the Korean Intellectual Property Office examiner notified the Plaintiff of a written opinion to the effect that “The design of this case is merely a combination of the shape and shape of the Hphone widely known domestically and thus cannot be registered.” 2) On February 26, 2013, the Plaintiff submitted a written opinion to the Korean Intellectual Property Office with the following purport.

In general, most of the Hphones distributed in the city consisting of the Hphone cover and the connection device connected to the Hphones, so it is difficult for the Hphone to change its shape drastically, so the scope of design rights should be narrow.

The scope of the design of this case is clearly wider than other designs, and ear-muffs on the left side have been formed parallelly with the extension of the Hyde, and the left side has continuously expanded the number of members of the overlapped group on the left side.

“Notification of the Submission of Written Opinion dated February 12, 2013” is lacking in the specification, and the design of this case constitutes a creative design that is deemed to be of an aesthetic value different from the previous design.

3 On May 24, 2013, the Korean Intellectual Property Office examiner rejected the instant application for rejection on the ground of the grounds for rejection as follows.

The pending design of this case is similar to the general shape of most hedgings consisting of two ear cover covers and connecting them, and as can be known in the comparison table by the next ear cover, the part below the ear cover is set out in the above drawing.

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