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(영문) 특허법원 2016.07.07 2016허960
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case summary

A. 1) On February 24, 2015, the Defendant against the Plaintiff on February 24, 2015, the title of the invention is “B” (registration number C; hereinafter “instant patent invention”).

(2) On January 14, 2016, the Intellectual Property Trial and Appeal Board accepted the above trial request by the Defendant and rendered a trial decision that the patented invention in this case should be invalidated (hereinafter “instant trial decision”).

B. 1) Date of application/registration date of the instant patent invention: D/E 2: Plaintiff 3) Claims 【Claim 1】 After the external diesel, which was melted by carbon oxides on receptors, was distributed to the booms (hereinafter “entent 1”).

(ii) to ensure that carbon dioxide can be absorbedd in large quantities in the skin so that it can be absorptioned into the skin, by an external diesel layer equipped with the above external diesel layer (hereinafter referred to as “class 2”).

(C) The method of absorption of carbon dioxide-containings with the characteristic of the instant trial decision. The summary of the instant patent invention is the invention as to “the creation of carbon dioxide-containings” published in the Korean Patent Gazette No. 518698, Oct. 5, 2005 (hereinafter “Prior Invention 2”).

(1) The Defendant’s prior invention in a trial proceeding pertaining to “materials for preparing carbon dioxide external materials and carbon dioxide external materials,” published in Korea’s Patent Gazette No. 2005-24510, as a prior invention (hereinafter “Prior Invention 1”;

Although Eul submitted the evidence No. 1, the instant trial ruling denied the inventive step of the instant patent invention only by prior inventions 2. In the instant litigation proceeding, the parties asserted whether the inventive step of the instant patent invention is denied on the sole basis of prior inventions 2. From the perspective of a person with ordinary knowledge in the relevant technical field (hereinafter referred to as “ordinary technician”).

) Since the invention can be easily made, the nonobviousness is denied. 【Ground for recognition.'

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