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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 filed a patent application with the application number D in the name of the “C” invention
(hereinafter “instant patent application invention”). B.
(1) On February 9, 2015, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the ground of rejection that “the nonobviousness is denied as it is possible for the Plaintiff to easily make an invention with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) by combining the two subparagraphs 1 and 10-0915727 of the Patent Gazette.”
(2) On March 26, 2015, the Plaintiff amended the instant Claims 1 and 2, and submitted an amendment and written opinion to delete the instant Claims 3 and 4. However, on June 9, 2015, the examiner of the Korean Intellectual Property Office notified the final grounds for rejection on the ground that “the instant Claims 1, 2, and 5 are denied by combining the Prior Inventions 1 through 3.”
(3) On July 24, 2015, the Plaintiff amended the instant Claim Nos. 1 and 2, and submitted an amendment and written opinion to delete the instant Claim Nos. 5, but the Korean Intellectual Property Office examiner rendered a decision of refusal on October 8, 2015 on the ground that “the nonobviousness of the instant Claim Nos. 1 and 2 is denied by combining the Prior Inventions 1 through 3.”
(4) On November 9, 2015, the Plaintiff filed a petition for a trial on appeal against a decision of refusal seeking the revocation of the said decision with the Intellectual Property Tribunal, but the Intellectual Property Tribunal deliberated the petition as 2015 Won643 and rendered the instant trial ruling dismissing the Plaintiff’s petition on the ground that “the nonobviousness of the instant Claim 1 is denied by combining the Prior Inventions 1 and 2” on June 22, 2016.
C. The pending invention of this case (as amended on July 24, 2015, No. 1) (hereinafter referred to as “the pending invention”) is traditional technology and art.