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(영문) 대법원 2018.07.12 2016후380
거절결정(특)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. A patented invention limited in numerical value to the scope of the elements of the invention publicly known prior to the filing of the patent application is limited only to the extension line of the invention publicly known and its effects are different only from the existence of numerical values, and if there is no significant difference in the effects within the limited numerical scope, the inventive step is denied as it is merely a simple numerical limitation to the extent that a person with ordinary knowledge in the art (hereinafter “ordinary technician”) can properly choose through ordinary and repetitive experiments (see, e.g., Supreme Court Decision 2007Hu1299, Nov. 16, 2007). 2. The lower court determined that the nonobviousness of the patent application invention of this case (see, e.g., Supreme Court Decision 10-197-702584, Jul. 1: 20: “the manufacturing method of the number of mineral material materials”) based on the amended claims 1 (hereinafter “instant Claim 1”) on Jun. 12, 2014.

The Claim 1 invention of this case and the Cited Invention as indicated in the judgment of the court below are as a raw material for luminous material (bl.e., plastic sirens), in that polythy compound is obtained by mixing it with polythyal compounds, and it is a method of manufacturing bl.e., method of manufacturing bl.e., bl.e., bl.s.,

However, the instant Claim 1 invention sets the numerical content of “serious synthetic compound” in which polythol compounds and polytholathide compounds are mixed into “10-300 pm”. The response composition of the comparable invention does not explicitly limit the content of “serious synthetic compound content”, but limits the content of the corresponding content of “serious synthetic compound(s)” to less than “5g/metres” when mixing a heavy synthetic compound(s).

In addition, paragraph (1) invention of this case reduces the content of “pool compound” through nitrogen distribution or evidence under pressure by 20 to 600 pm.

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