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(영문) 특허법원 2016.11.11 2016허2829
거절결정(특)
Text

1. The decision made by the Intellectual Property Tribunal on February 29, 2016 on the case No. 2015 Won5128 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) The Plaintiff’s name is an international patent application invention (hereinafter “patent application invention of this case”) that is “a building-style product containing a dyp of metal studs useful for the manufacture and protection of damp devices” (hereinafter “patent application invention of this case”).

On December 2, 2014, the Korean Intellectual Property Office filed a request for review on December 2, 2014 with respect to the Plaintiff. However, on April 20, 2015, the Korean Intellectual Property Office examiner rejected the nonobviousness of the invention described in the Patent Gazette No. 10-2009-0177 (hereinafter referred to as the “Prior Claim No. 3,”) and, on the ground that “the patent invention No. 2 is entitled to obtain patents since the invention No. 1 and 13 of the instant patent application No. 1 and 13 of the Prior Invention No. 1 and 2 of the Prior Invention No. 1 and 2 of the Prior Invention No. 10-2009-013 of the Patent Gazette No. 9 of the Republic of Korea (hereinafter referred to as the “Prior Invention No. 1 and No. 2 of the instant patent application No. 1 and No. 5 of the instant patent application No. 2015 of the instant invention).

However, on July 30, 2015, the examiner of the Korean Intellectual Property Office rendered a decision to refuse the registration of a patent for the invention of this case on the ground that the patent application of this case is "the inventive step is denied by prior inventions 1, 2, or 13 by prior inventions 1, 2, or 1, 2, or 3."

3. On August 31, 2015, the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial seeking the revocation of the said decision of refusal as the Intellectual Property Tribunal 2015 Won5128.

However, the Korean Intellectual Property Tribunal on February 29, 2016.

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