logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.29 2016후472
등록무효(특)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court determined that the nonobviousness of the patent invention of this case (patent registration number No. 354072) No. 1 and No. 2 as indicated in the judgment of the lower court among the claims No. 1 of the claim No. 354072 of the patent invention of this case (patent registration number No. 354, No. 35072) based on the name “sculves that can be moved to the press in order for a person who has ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) to adjust the location of the printing paper in accordance with the external diameter of the roll of printing paper No. 3, the lower court determined that the nonobviousness was denied.

In addition, the lower court determined that the nonobviousness of paragraphs 2 and 7, which are subordinate claims citing the foregoing Paragraph 1, is denied as they can be easily claimed by a person with ordinary skills by comparable inventions 3.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the determination of inventive step of invention.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

arrow