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(영문) 특허법원 2018.11.01 2018허4584
등록정정(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. On November 4, 2016, the Plaintiff: (a) Claim No. 1 (hereinafter “instant Claim No. 1”) within the instant registered appeal as the Intellectual Property Tribunal No. 2016No124, Nov. 4, 2016.

) A petition filed for a trial to correct the correction (hereinafter “instant petition for correction”).

(2) On February 20, 2018, the Korean Intellectual Property Tribunal notified the Plaintiff that “The instant Claim 1 device may be easily designed by a person with an ordinary skill in the technical field to which the device pertains (hereinafter “ordinary technician”) from 1 through 3 of the prior art.” Accordingly, the Plaintiff, on April 19, 2018, notified the Plaintiff of the submission of a corrective statement to the effect that “The claim for the instant Claim 1 device may be easily devised from 1 through 3 of the prior art.”

4) Around May 17, 2018, the Korean Intellectual Property Trial and Appeal Board submitted an amendment to the correction as described in b. However, despite the Plaintiff’s amendment, the Korean Intellectual Property Trial and Appeal Board rendered the instant trial ruling dismissing the instant petition for correction trial on the ground that the Plaintiff’s petition for correction trial violates Article 136(4) of the former Patent Act (amended by Act No. 14035, Feb. 29, 2016; hereinafter the same) which is applicable mutatis mutandis under Article 33 of the Utility Model Act, and Article 4(2) of the Utility Model Act, on the ground that the instant petition for correction trial is unlawful.

B. The name of the instant device: C2) filing date/registration date/registration number: D/E/registration number : The owner of a utility model right: Plaintiff 4) claims 【 Claim 1】 In the case of a mobile phone case that is installed on a mobile phone in the form of saving the front and rear side of a mobile phone and protecting the external appearance of the relevant mobile phone, the above front part of the instant mobile phone case is characterized by the front part of the instant mobile phone case with the fact that the shielding Gall ICT, which is embodied by mediating permanent seat and trike at the location corresponding to the mobile phone, is composed of the shielding seat.

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