Plaintiff (Patent Attorney Go-ok et al., Counsel for plaintiff-appellant)

Han-Jin Medical Co., Ltd. (Attorney Han-ju et al., Counsel for the plaintiff-appellant)

September 1, 2006

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The decision made by the Intellectual Property Tribunal on January 20, 2006 on the case No. 2005Da717 shall be revoked.

1. Details of the trial decision;

(a) The patented invention of this case (the drawings shall be as shown in attached Form 1)

(i)Name of the invention: Textiles for the protection of the skin and blocks for the protection of the skin;

(2) Date of application/registration date/registration number: June 9, 1995/ March 21, 1998/ 141506

(3) Summary

The patented invention of this case is related to functional fibers that can protect the skin and the clothes manufactured therefrom, and most of the previously displayed clothing causes damage to the skin or harm to the body due to the failure of static electricity or the failure of emitting the microelectric currents flowing into the human body, and thus, causes pains to the human body. The patented invention of this case does not generate static electricity, and aims to provide the fibers for protection and clothes manufactured therefrom, which facilitate the discharge of microelectric currents of the human body.

(4) The scope of the claim(s)(s)(s)(s)(hereinafter referred to as “BU”) is indicated.

1. Claim 1. The clothes for protection of skins, the characteristics of which include the garment [3] increased by materials selected by the groups consisting of gold, silver, accelerator, and flazin [7].

2. Claim 2. Materials selected by the Group consisting of gold, silver, aluminium, and aluminium, which are characterized by one garment [1] in the Textiles / [3] / [3] / 2 clothes / [3] / 3] / 2 clothes / [3] / [5] / Influence, fibers for skin protection.

(b) Cited inventions;

The technology of comparable inventions and the summary of the drawings are as shown in attached Form 2.

C. Details and summary of the instant trial decision

The Plaintiff is the right holder of the instant patent invention, and the Defendant filed a petition for a invalidation trial on the ground that “the instant patent invention may be easily claimed by a person having ordinary knowledge in the art to which the invention pertains from the cited inventions publicly known prior to the filing of the petition.” The Intellectual Property Tribunal deliberated on it as No. 2005Da717, Jan. 20, 2006, and rendered the instant trial ruling accepting the Defendant’s claim on the ground that “The instant patent invention has common interests in the purpose of the cited inventions 3, 5, and the instant patent invention is not deemed to have difficulty in technology composition, and it is not recognized that there is a significant effect beyond the anticipated effect from the cited inventions, and thus, a person with ordinary knowledge in the art to which the invention pertains can easily make an invention through the simple combination of the materials with which the patent invention 3 or 5 and its effect are known.”

2. Determination on the legitimacy of the instant trial decision

A. The parties' assertion

(1) Summary of the Plaintiff’s assertion

The patented invention of this case is fluorted with gold, silver, fluorum, fluorum, etc. in the fiber, and thereby, it is effective to promote the blood cycle of the skin and protect the skin by effectively emitting electricity of the body without generating static electricity.

On the other hand, the cited inventions 1 through 7 are similar to the patented invention of this case in that the surface of the refited object forms metal-confluence layers in a broad sense. However, the above technologies are related to the technologies for the separation of the heat, heat, the skin, or the shielding of electromagnetic waves, and thus the purpose, composition, and effect of the patented invention of this case are entirely different from the patented invention of this case.

(2) Summary of the defendant's assertion

Although the patented invention of this case and the comparable inventions are different from the added materials, the technology using gold, silver, etc. as the added materials has already been widely known in the relevant technical field. Thus, the difficulty of technology cannot be recognized solely on the ground that the added materials of both inventions are different.

In addition, even in the effect, there is no indication in the specification of the patented invention of this case that the patented invention of this case has a significant effect compared to the cited inventions.

Meanwhile, the Plaintiff asserts that the instant patent invention has the effect of promoting the blood cycle of the skin and protecting the skin compared to the cited inventions, but it is only an effect depending on the unique nature of metal added to the fiber layer.

B. Whether the patented invention of this case is inventive

The patented invention of this case is composed of strings of materials selected in the group composed of gold, silver, accelerator or flazumumum, and the cited inventions have added metal stories, such as alzinum, to the textile floor. The two inventions are identical in that they are fibers that have increased metal stories to the textile floor. However, there is a difference in materials being increased, but it is merely a mere design to select materials to be increased in accordance with the purpose of the fiber used by a person with ordinary knowledge in the technical field concerned, and it is difficult to view that there is a difference in the technical idea of both inventions.

Meanwhile, according to the specification of the patented invention of this case, the effects of the patented invention of this case are as follows: (a) prevention of sloping or dynamics from decreasing the diameters through sculpum, (b) prevention of sculposis, and (c) improvement of sculposis by spreading excessive electricity accumulated in body by promoting the blood cycle of the skin through sculum, creating healthy skins, and preventing the excessive electricity accumulated in body through sculmaum, and (c) improvement of the blood cycle through gold. While the effects of the comparable invention are to improve the blood cycle through sculpium, the effects of the comparable invention are to prevent overheated by straight lines through metal attached to fibers, such as alzinium, (i) prevention by straight light lines (ii) facilitating the separation of damaged skins (an unsculped invention 3), and giving sculpheric sculpher, and (iv) shielding electromagnetic waves from electric cables (an invention subject to comparison), and thus it is difficult to the effects of comparable invention of this case.

Ultimately, the patented invention of this case adopted a metal material that has widely known effects useful to the human body in the technology of comparable invention 3 and 5, which added metal stories to the fiber or clothing, and simply combines the patented invention of this case. No technical difficulty is recognized in such combination, and there is no significant effect above that which can be predicted from the cited inventions and metal materials.

Therefore, the patented invention in this case can be easily described by a person with ordinary knowledge in the technical field to which the invention pertains from comparable inventions.

C. Sub-committee

Since the patented invention of this case cannot be recognized as inventive step, the trial decision of this case, which concluded with this, is legitimate.

3. Conclusion

Thus, the plaintiff's claim seeking the revocation of the trial decision of this case is dismissed as it is without merit.

[Attachment List omitted]

Judges Hwang Han-sik (Presiding Judge)