206Heo951 Confirmation of Scope of Right (actuals)

1. A stock company;

Kim Jong-si

Representative Director;

A person shall be appointed.

Busan

[Defendant-Appellant]

Stock Company

Yangsan City

Representative Director;

Patent Attorney

May 3, 2007

May 23, 2007

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The decision made by the Intellectual Property Tribunal on September 28, 2006 on the case No. 1128 of 2006 shall be revoked.

1. Basic facts

[Evidence] Each description of Gap evidence Nos. 1 through 3 and the purport of the whole pleading

A. The plaintiffs' registered petition (hereinafter referred to as "registration petition of this case")

(1) Name: Connecting hole for noise prevention.

(2) Date of application / Date of registration / Number of registrations: December 3, 1996 / April 7, 200 / Claims No. 186136, 3: as shown in attached Table 1.

B. The petition for the confirmation of this case

The defendant specified the description of his own product (No. 3 No. 2). The description and drawings are as shown in attached Form 2.

C. (1) On May 3, 2006, the Defendant filed a motion for a trial to confirm the scope of right with the Intellectual Property Tribunal (1128) by asserting that the motion subject to the confirmation on May 3, 2006 does not meet the essential elements of the instant motion for registration, and that it does not fall under the scope of right. (2) On September 28, 2006, the Intellectual Property Tribunal filed a motion for a trial to confirm the scope of right with the Intellectual Property Tribunal (the Intellectual Property Tribunal) on the ground that the motion subject to the confirmation on September 28, 2006 does not have the composition corresponding to the radiation support board, contact board, sloping, and salking of the instant Claim 1, and for the same reason, the motion does not fall under the scope of right, and on the ground that the subordinate claim does not fall under the scope of the right of the instant motion for

2. The parties’ assertion and the issues of the instant case

A. Summary of the plaintiffs' assertion

A petition for confirmation shall have the same or equal composition as the petition for registration of this case, and it shall belong to the scope of rights of the petition for registration of this case.

B. Summary of the defendant's assertion

A petition for confirmation does not fall within the scope of its rights because it does not possess essential elements of the petition for registration of this case and does not adopt an equal composition.

C. Key issue of the instant case

According to the above allegations by the parties, the issue of this case is whether the challenged bill has the same or equal composition as the registered complaint of this case, and it falls under the scope of its rights. Thus, this case's issue is examined.

3. Preparation for a claim 1 device and a petition for confirmation in the instant case

A. Where a claim within the scope of a claim for registration within the scope of a registered complaint is a multiple constituent elements, it is not protected as a whole as an organic combination of each constituent element, and each constituent element is not independently protected. Thus, where a claim for registration within the scope of a claim for registration within the registered complaint has only a part of the essential constituent elements specified in the claim within the scope of a claim for registration within the registered complaint, and the remainder of the constituent elements are lacking, in principle, the relevant petition for registration does not fall within the scope of the right within the registered complaint (see Supreme Court Decision 9Hu1584 delivered on September 7, 201).

(b) Preparation for purposes;

The purpose of the instant Claim 1 is to enhance soundproof and temperature effects by manufacturing pipes connected to the pipes in the form of body such as EL Storage, etc. and internal pipes in the form of double pipes (see Evidence No. 2, No. 20 to No. 27). The purpose of the instant Claim 1 is to enhance soundproof effects by manufacturing both sides ELI in the form of double pipes of the main body and the smoking pipe. Therefore, the two devices are the same in terms of providing a pipe connected tool to enhance soundproof effects by using the air layer formed in double pipes.

C. (1) The component element 1 of the instant Claim 1 is an ordinary pipe connected to EL storage, etc. The main body of EL shape (30) within the identified height. The two component elements are the same in that they are composed of EL shape and are connected to the end in both sides. (2) The component element 2 of the instant Claim 1 is an internal body of the pipe connected body (3) and (4) the inner body of this case’s body of this case’s main body (2) the body of this case’s inner body of this case’s main body of 4) the body of this case’s main body of this case’s (30) the body of this case’s main body of this case’s main body of this case’s (30) the body of this case’s main body of this case’s main body of this case’s (30) the body of this body of this case’s main body of this case’s main body of this case’s (40) the body of this body of this case’s main body of this case’s main body of air.

Berne

Punishment

The remainder of the device

On the other hand, "the supporting body of the original form" is installed in the dispute, and there is a difference between the main body and the smoking room and the outside of the smoking room (see attached Table 2-1), and due to the above difference, the radioactive support board of the constituent element 2 functions to form a separation space between the body and the inner body, while the above 'the supporting body' does not form an air layer between the main body and the smoking pipe, but rather is connected to the discharge department in support of the outside of the smoking pipe, and it is not reasonable to change the shape and the combination of the 'the supporting body' that is connected to the discharge department (see attached Table 2-10). Therefore, the 'the supporting body' is not the form of the air layer between the main body and the smoking pipe, and the 'the supporting body' is not the same.

(3) The component element of paragraph 1 of this case 3 is the technical composition of a part (7) of the inner body abutting on the upper part (7) of the inner body. It is not substantially identical to the upper part (10) and the upper part (4) of the air shielding on the upper part (2) of the air shielding on the upper part (4) of the air shielding on the upper part (4) of the air shielding on the upper part (4) of the air shielding on the upper part (4) the upper part of the air shielding on the upper part (4) which is in the form of a small reduction in the upper part of the air shield 1 of Annex 2). These component elements are not directly connected to the upper part (4) the upper part of the air shielding on the upper part (4) the upper part that is formed on the upper part (4) the upper part of the air conditioning on the upper part) which is formed on the upper part (4) the upper part.

With respect to this, the plaintiffs asserts that the failure (6) of the component 4 and the technical composition are identical or equal because the "salking part of the device subject to confirmation" functioned in the air layer formed between the main body and the smoking room as set out in the above drawings [3. (c) (2)] as set out in the above drawings. Thus, the plaintiffs asserts that the failure (6) of the component 4 and the technical composition are identical or equal.

Therefore, it is difficult to view that the "salking inside the body (this body)" of all the "salking (6) of the component element 4 and the "salking inside the body (this body) is identical in that it has a function of smugglinging (air floor) of a factory laboratory formed between the inner body (hands). However, the component 4 is a component separate from the inner body, and only the salking is in contact with the inflow and outflow even after the salking is inserted into the inner body, so it cannot be said that the "salking inside the challenged subject to verification" is integrated with the salking, and the two ends is fixed in the main body, and it is not in contact with the inflow and outflow, and it cannot be said that there is a difference between the two parts of the device and the device of this case. Therefore, it cannot be said that there is a difference between the two parts of the device of this case and the device of this case.

Therefore, the subject matter of confirmation is to be the same as the subject matter of the instant Claim 1 device. However, the subject matter of confirmation does not fall under the scope of the right of the instant Claim 1 device, because it is not equipped with radiation support board (3) and fastening (6) which is an essential element of the instant Claim 1 device, so there is a difference in the composition, and thus, the subject matter of confirmation does not fall under the scope of the right of the instant Claim 1 device.

4. Claim 2 of this case, compared to the device of Claim 1 of this case and the device of Claim 2 of this case, the two parts of the main body of Claim 1 of this case were extended to a length such as the body body (1) of the main body of the main body of the main body of Section 1 of this case and applied to the formation of string (6) to both parts of the main body of the main body of the main body and to cut to the main body of the main body of the main body of this case. Claim 3 of this case was installed more than one internal body (2a) inside the main body of Claim 1 of this case and the main body of the main body of Claim 1 of this case is added to the main body of the main body of the main body of Claim 1 of this case. Claim 4 of this case did not belong to Claim 2 of this case for the reason that the main body of Claim 1 of this case added to the inner body of the main body of Claim 1 of this case to the main body of Claim 2 of this case.

5. Conclusion

Therefore, since the challenged bill cannot be deemed to fall under the scope of rights of the registered complaint of this case, the ruling of this case, which is the same conclusion, shall be justified.

Therefore, the plaintiffs' claim of this case seeking the revocation of the trial decision of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judge Lee Jong-soo

Judges Seo Young-gu

Judges Yoon Tae-sik

[Attachment 1]

The registered complaint of this case

1. Claims:

Claim 1: In the composition of a normal connection tool formed with L/S storage, T/Sornor pipes

u. (hereinafter referred to as "class 1"; hereinafter referred to as "class 1; hereinafter); The inside of the body of the said connecting body (1) above, with radiation support board (3) and blank.

In the room (4) the internal body (2) in which space for separation is maintained by the office (hereinafter referred to as "class 2") and the upper body;

at the upper end of the body of the flag (2) to form a contact part (7) (5) ; hereinafter referred to as 'concid part 3' ; and

D) A factory laboratory (2) of an inner body (4) in which string (6) is inserted into this part of chin (5) so as to be sealed.

(hereinafter referred to as "class 4") The connecting apparatus for noise prevention, characterized by the characteristics of the product (hereinafter referred to as "class 4").

Claim 2: in paragraph 1; the way in which both parts of the above internal body (2) are the same as the body of the official connected body (1).

The extension of this extension shall be made by cutting off to the two parts of the heading, and the heading inside the inside of the inside of the heading (2) above (7)

The pipe connecting apparatus for noise prevention, which is characterized by the formation of the section.

Claim 3: in paragraph 1; in addition, in inside the inside of the above internal body (2) one more permanent body (2a)

Francing rooms (4.4a) sealed in each part of the two parts (6.6a) in double form:

Connecting pipes for land use.

Claim 4: in paragraph 1; in case of paragraph 2; in the internal annual installments of the above internal body (2), the person who has filled the tolerance (6b).

(b) the connection of the pipe for noise prevention with the characteristics of the section.

2. Drawings;

Dola Do 1b Implementation of the instant registered complaint 1b Do 1c Do 1b - A- her cross-sections

For example, e.g. ad.s.

A person shall be appointed.

Do 2 The degree of implementation to which the proposal of the instant case was applied to T-type and UNndo;

Do 3a Do 3a Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

3C Do 3D Do Do 3C - B Do Do Do - B Do d Do Do Do Do Do Do .

Do 3a. Do 3b

7

Do 3C 3D

LB

Do 4 The proposal of this case is implemented in the 3rd Subsection, and the Do 4a Do 4a Do Do Do 4b Do Do Do Do Do Do 4b Do Do Do

Mando, Do 4C Mando Mando Mando Mando Mando

Do 4a Do 4 Do 4

A person shall be appointed.

[Attachment 2]

A petition for confirmation

1. An explanatory note;

(a) Name;

Low Noise Modern elel

(b) A brief explanation of the drawings;

1 Do 1 Other photo and external photograph of any part of the height subject to verification

Do 2 The photographs of each part of the height subject to verification

3 The Do 3 is a cross-section connected to the discharge pipe of a device subject to confirmation.

(c)a detailed description;

(1) Detailed description of the drawings

1 The Do 1 shall be on the face of a cross-section photograph and external photograph of the height subject to confirmation,

the name of each division was written, and in the external photograph, the entire s/Dos and inflows.

In this chapter, this letter of intention is expressed on the side of this city/Do and the outlet of discharge. The bill to be confirmed is an inflow.

b) clarify the location of the inflows in the above drawings as a product clearly distinguished from the discharge section.

There have been two names and drawings numbers of each part.

The Do 2 is a photograph of each part of the low noise el newsletter, which is a device subject to confirmation.

The first photograph is a photograph of the body in the direction of the inflow and outlet, and the second photograph is an inflower.

The third is a photograph and the third is a photograph of the smoking pipe. The name and the third also in this drawing.

The number was given.

3 The Do 3 is a map representing a short section connected to the discharge source in the identified height, and the discharge source;

In the case of connection, the drawing is a drawing for specifically expressing the case. The foregoing drawing also refers to each of the two chapters.

The name was written in a easy way to understand each structure.

(2) A detailed description of the proposed complaint to be identified.

If an explanation is given in accordance with each drawing number of the complaint subject to confirmation, the oil of the drainage time flown;

(10), discharge pipes (not indicated in drawings) discharged through the above entry pipes (10), and the above entry pipes (10) and vessels

The main body (30) of the EL Form inserted into and fixed to the Government of the Republic of Korea and the inside of the main body of the EL Form

Inwards and insides, the entry and discharge outlets are connected to each other, and such entry pipes (10)

a drainage connecting pipe consisting of a smoking pipe (40) that suppresss noise of fluids flowing through e.g., a drain connecting pipe;

The inside floor of the smoking pipe (40) above shall also be set up and protruding upwardly at intervals of the internal floor of the smoking pipe.

internal tents to which such an excursion ship division has been formed and to which the said inside tents are adjacent to the excursion ship division are dealt with.

the entrys (10) are in the form of double sections, together with soundproofs (12). The entrys (10) are in the form of double sections.

Between the body (30) and the smoking pipe (40) have soundproof space in which the air layer is formed, and such space has been maintained.

Soundproof space will play a soundproof role to block noise of sewage. Discharge pipes shall be discharged to the discharge outlet.

50 Epicated scrap (50) In this case, it shall be of such structure that can easily remove the discharge pipe.

In order to add the confidentiality of the library, rubber strawing is used in order to add it to the screen closure.

2. Drawings;

Do1

A person shall be appointed.

Do2.

A person shall be appointed.

Do3

Finally.