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(영문) 특허법원 2017.12.22 2017허6187
등록무효(특)
Text

1. The Patent Trial and Appeal Board No. 1654716, Jul. 24, 2017 (No. 1654716) rendered by the Intellectual Property Tribunal on the case No. 2017DaDa2533.

Reasons

1. Basic facts

A. On January 26, 2017, the Plaintiff filed a petition against the Defendant for a trial on invalidation of the patent of the instant patent under the Intellectual Property Trial and Appeal Board No. 2017Hun-Ba253, supra, on the following grounds: (a) the instant patent invention is identical to the prior inventions 1, 2, 3-1, 3-2, 4, and 5 of the instant patent invention; and (b) the patent should be invalidated on the grounds that the nonobviousness is denied by widely known and commonly used technologies; and (c) the Defendant filed a petition for correction of the patent claim of the instant patent invention on April 9, 2017, as described in the foregoing (hereinafter referred to as “instant petition for correction”).

(2) On July 24, 2017, the Intellectual Property Tribunal recognized the instant correction request as lawful, and rendered the instant trial ruling dismissing the remainder of each of the claims in the instant patent invention on the ground that “the nonobviousness of claims 1 among the claims in the instant patent invention is denied by comparable invention 1, 5, and widely known art, but the nonobviousness of claims 2, 7, and 8 corrected by the instant correction request is not denied by comparison invention 1, 5, and publicly known art.”

B. The name of the Defendant’s patented invention (Evidence A) invention: The filing date/registration date/registration date/registration number of the electric heat equipment to which the strawter applied, including strawing: August 14, 2016; and the outline of the instant patented invention under the summary of No. 10-1654716, Aug. 31, 2016 (hereinafter “the instant patented invention”) is: (a) the air of the strawing inside the strawing in the strawing process is released externally; and (b) after the strawing process, the manufacturing process of the strawter has been reduced drastically but the defect rate of products has been lowered by inserting the power supply line into the upper part of sealed strawing.

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