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(영문) 특허법원 2017.12.14 2017허3331
등록무효(실)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On November 21, 2016, the Defendant filed a petition for registration invalidation trial (2016Da3653) against the Plaintiff with the Intellectual Property Tribunal on the ground that “the claim 2 and 3 of the instant registered petition may be easily designed by a person with ordinary skill in the art to which the device pertains (hereinafter “ordinary technician”) on the prior petition, and its nonobviousness shall be denied.”

(2) On the other hand, on January 23, 2017, the Plaintiff claimed 2 of the instant registered appeal.

A request for correction as stated in paragraph (4) of this Article (hereinafter “request for correction of this case”) was made for correction of the correction, and the device after correction was made for correction (hereinafter “instant request for correction”).

(3) On April 19, 2017, the Korean Intellectual Property Tribunal rendered the instant trial ruling accepting the Defendant’s claim for the invalidation of registration on the ground that “the instant request for correction is lawful, and the instant request for correction is not written in the explanation of the instant request for correction, but the nonobviousness is denied by claim 2, 3, and 5 in the instant request for correction,” and that “the nonobviousness of the instant request is denied by claim 1, 4, and 5

B. The Plaintiff’s title of the instant registered device (Evidence 3(1) of this case: the filing date of B (2)/registration date/registration number: C/D/E(3) background technology of the device / [1] In a case where the entrance pipe is installed in a vertical direction in a multi-story building, generally, in a case where the entrance pipe is installed in a vertical direction in a multi-story building indicating the previous device, the entrance pipe is fixed to the duct formed in a slab, and a variety of fixed devices are used for this purpose.

If the structure of the existing entrance pipe fixed system is explained to Do 1 Do Do 1, the above entry pipe fixed system is installed to fix the entry pipe in the duct type of the slve, which constitutes the pipe of a building, and the pipe slve (100) installed at the upper part of this pipe slve (100), and the pipe 200 (200) installed at the upper part of this pipe slve (100) and installed at the upper part of the above pipe slve (100).

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