Main Issues
Whether a patent can be granted for an invention contrary to natural rules (negative)
Summary of Judgment
The purport of the patent application invention is to allow continued energy extraction by drawing the whole quantity of wastewater generated by continuous water shooting action (e.g., water generated from the water from the water tank into the water tank into the water tank, and the water from the water tank into the water tank is to be returned to the water source, and the water from the water source is again brought into the water source without wastewater generated by continuous water shooting action (e.g., water from the water source), and re-circulating it into the water source without external energy, is not to take over the water source from the water tank at a certain height above the free surface of the water of the water under the water, but to take over the water from the water source at a higher location than the water source at a higher location than the water surface of the water under the water supply tank. Thus, the patent application invention violates the rules of energy preservation by drawing the whole water falling into the water source into the water source without external energy supply, and thus it is not in violation of the rules of energy preservation by taking over the water from the water source into a higher location than the water from the water source.
[Reference Provisions]
Article 2(1) and Article 29(1) of the Patent Act
Applicant, Appellant
Applicant
Other Parties, Appellee
The Commissioner of the Korean Intellectual Property Office
Judgment of the court below
Korean Intellectual Property Office Decision 96Na1679 dated January 31, 1998
Text
The appeal is dismissed. The costs of appeal are assessed against the applicant.
Reasons
We examine the grounds of appeal.
Examining the reasoning of the decision of the court below in light of the records, the purport of the invention in this case (hereinafter referred to as the "original invention") is to obtain energy from water from water tank using water from water tank and to obtain water from water source. Water from water supply tank is re-contributed into water without water source without water source, and to make it possible to collect energy continuously by re-contributing it into water source without water source. This is to be contrary to the law of the court below's determination that the water level of the water maintained by a certain location energy has been set into a certain height above the free surface of water level of the water tank by water source, and the water level of the patent application invention in this case (hereinafter referred to as the "water source invention") is to be taken over from water source, and to be taken over from water source in excess of the water level of the water level of the water surface of the water level, and to be taken over from water source in excess of the water level of the water level of the remaining, and it is not in violation of the law of the Patent Act.
The ground of appeal is without merit.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Chocheon-sung (Presiding Justice)