Entertainment Tech Co., Ltd. (Patent Attorney Park Jong-soo et al., Counsel for the defendant-appellant)

In-interest Co., Ltd. (Patent Attorney Kim Jae-sub, Counsel for defendant-appellant)

September 21, 2016

1. The decision made by the Intellectual Property Tribunal on May 20, 2016 by the Intellectual Property Tribunal on the case No. 5713 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. The defendant's patented invention of this case (A evidence No. 3)

(a) Name of the invention: Corning structure of rolling and impulses;

2) Date of application/registration date/registration number: April 29, 201, 201./ omitted on February 13, 2013

3) Claims

【Request 1: Slocks installed on the inside of the aforesaid frame to be able to be slocked; once once they are connected to Plock and slocks on the side of Plocks, they are withdrawn or sealed from such Plocks (10); The above Plocks are fixed to the Plocks in the front direction of Plocks (hereinafter referred to as “Slocks 1”; the above Plocks are fixed to the Plocks in the front direction of Plocks that are made available to the Plocks and the front direction of Plocks (hereinafter referred to as the “Plocks 1”); the Plocks of the Plocks that are made available to the Plocks and the Plocks that are made available to the front direction of Plocks (hereinafter referred to as the “Plocks”) by means of the Plocks and the Plocks that are set up in the front direction of Plocks.

A person shall be appointed.

【Request 2】

【Request 3 - In Section 1 of Section 3, the above sprinking is made by co-raying, and the above spacker forms an inner home open to the next direction, but the above spacks are inserted into the inner home and supported by the above spacker (20) and the spacker (44).

【 Claim 4, paragraph 1 or 3, the front part of the said slot (44) is protruding through the above moving hole (42), the lower part of the said sloter (44) was formed by the scopher’s scopic force, and the lower part of the said sloter (44) is a sloped upward in the direction of the said scopher (45) direction, and the upper part of the said scopher (49) is characterized by the structure of the scopher net, the upper part of the said scopher (49) is drawn down in the direction of the scopher.

(iv)main contents and main drawings;

The patented invention in this case, which is included in the main text, is related to the string structure of the roll network. In particular, it is related to the strawing structure of the rolling net which can stably fix the rolling network in the frame and which can be easily divided as necessary (l.e., the door number 001). In the case of the previous shock network, (i) after attaching the shock network to the network framework made of Aluminium sium new, it was concluded as a strawing, etc. after attaching the shock network, and (ii) in the case of non-use, one day is fixed or set so as to remove the shock network after removing the shock network, or (iii) because the government supports both sides of the roller and supports it, it was possible to set up the shock structure of the rolling net at will by using the 0-hour structure so that it can not be easily set up by a simple 0-meter structure of the sl.

A person shall be appointed.

B. Prior inventions

1) Prior Invention 1 (Evidence A No. 4)

The Utility Model Gazette is related to the "Hand-free equipment of the open-end shock network" published in Article 20-389392 (Public Notice of July 12, 2005) and its main contents and drawings are as follows:

The words written in the text) of the main contents of the device, hand-on (12) shall consist of an operation that helps(24) is sealed. Specifically, it is easy to see that the 21) recorded (21) in the tight line (13) in the tight line (24) move from the combined 38th (38) of the recording, and the maribb(22) went away from the combined 38th (38) of the recording, the marib(22) of the main contents of the device is to move from the 10th (10) direction. The marib(12) of the above hand-on (12), other words are installed within the 210th (212th (212th) of the maribal in the narrow line in the direction of the 10th (24th) direction of the 10th (24th) of the Kamobal in the 212th (212th) direction of the Kamo.21213 (22) of the Ka.213222.

A person shall be appointed.

2) Prior Invention 2 (A No. 5)

The term "the opening opening opening opening opening locking device" inserted in No. 2009-10591 of the Official Gazette No. 2009-10591 (the opening of October 19, 2009) and its main contents and drawings are as follows:

The main contents of Section 1 Purber (421) are included in Section 1 of the main contents of Section 1 of the Table contained in Section 1 of the Main Contents. Section 421 includes the detention-defluence dependent (424) composed of a group of inner pages, the top of the outer face (423) and the protruding (422) composed of the bottom of the outer side. Part 1 (41) consists of the vertical direction (412a) and the back direction (412b) and the part consisting of the vertical direction (412a) and the part of the outer face (412b). Section 413 of the Table 1 provides the 414-to-face shape guidance (414) and the part of the upper part (413). The two parts may be composed of the 1-to-face non-sofing, the two parts may be plucked up to the Government (423) and the 413-soflaging government (413).

A person shall be appointed.

3) Prior Invention 3 (A No. 6)

The contents and drawings of the Patent Gazette are related to "a set of a locked machine" inserted in No. 2009-25897 (Publication March 11, 2009), and the main contents and drawings thereof are as follows:

A person shall be appointed.

C. Details of the instant trial decision

1) On December 24, 2015, the Plaintiff filed a petition for a trial to invalidate the registration of the instant patent invention with the purport that the nonobviousness is denied, on the grounds that the instant patent invention may be easily claimed by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter referred to as “ordinary technician”) pursuant to Note 1) prior inventions 1, 2, or 1, and 3.

2) Accordingly, the Intellectual Property Trial and Appeal Board rendered a trial ruling on May 20, 2016, which dismissed the Plaintiff’s above request for a trial on the ground that the patent invention of this case cannot be easily claimed through a combination of prior inventions 1, 2, or 1, 3, and thus, its inventive step cannot be denied.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion

The nonobviousness of the instant Claims 1, 3, and 4 can be easily derived by combining the Prior Inventions 1 and 2, or the Prior Inventions 1 and 3. Therefore, the nonobviousness of the instant trial decision is denied. Accordingly, the instant trial decision otherwise determined ought to be revoked in an unlawful manner.

B. Defendant’s assertion

1) Since the Prior Invention 2 and 3 are related to an invention that is not entirely related to the right-holder protection net, the easiness of combination with the Prior Invention 1 is denied.

2) On the other hand, prior inventions 1 do not constitute a slurbling in the hands-on lecture, the two inventions are different in the principle of solving the task. The two inventions are different in the principle of solving the task.

3. Whether the invention described in paragraph (1) of this case is inventive

A. Preparation for composition with prior inventions 1

(i) the response relationship by components;

In comparison with paragraph (1) inventions of this case and prior inventions 1 of this case, the following descriptions are as follows.

The presses (10) opened to the 1st and upper direction of the Prior Invention 1 in this case, contained in the main text of paragraph 1 of this case; the slot 20 installed inside the said presses with slot 20; once once they are connected to the said slot 20; the top is connected to the first side of the said presses (20); and when the moving boom 20) connected to the said presses (20); the curbing net (30) withdrawn from or sealed to the said presses (10); the curbing 200s (20); the curbing net consisting of 10s (40); the curbing net consisting of 10s (0) the curling and the curbing net consisting of 10s (10s) and the curvebing net consisting of 10s (20s) and the curging net of 15s (20s).

A person shall be appointed.

Table 2 as set forth in the text of Table 2 is a combination of the aforementioned slot lines, the support members (41) formed by the moving hole (42) in the direction of the front and rear (42) and those formed by the moving hole (42) through the direction of the front and rear (42), and the locking devices for hand-ons (45) formed by the video home (45) on the front and rear (44) shall consist of hand-on (12) and part-on (12) (12). In hand-on (12), the river (13) and slot (17) shall be formed. The above Hand-ons (12) shall be installed in the front direction and shall be able to move in the direction of the front and rear (17) and the part-line (22) shall be set up in fab(21).

A person shall be appointed.

Schedule 3 Sheet 44) be placed on the back of the said slves (44) and attached to the back of the slves (48) Sheet (21) that support the slves (22) as the opposite direction of the slves (38) as the combinations of these slves (30) 4 above slves (30) that combine the slves (22) into the other side of the slves (30) 4 above slves (10) and added to the slves (45) as the slves (49) added to the slves (2) 1 to the slves (2) 1 to the slves (2) 2 to the slves (2) 1 to the slves (20 to the slves) 22 to the slves (20 to the 12) slves (20 to the oves).2 to the 1 to the 1 to the 222) s.2.2.

A person shall be appointed.

In the table 5 above, the divers (46) protrudings on both sides of the divers (44) above set up a divers (46) divers (46) containing and guiding the divers (46) above on both sides of the divers (42) above, and the divers (43) above are opened to the divers (41) back to the divers (41) direction, and is closed to the front direction, limiting the front direction of the divers (46) above divers (48) by the svers (21) divers (12) dives (222) dives (22) dives (22) dives (13) divers (13) dives (12) dives) divers within the front direction of the divers (213) divers (27) dives) k.27.

A person shall be appointed.

(b) analysis of common points and differences;

1) Part on components 1

A) The constituent elements 1 are the composition of the premise of the instant Claim No. 1, and the response constituent elements of the instant Claim No. 1 and the prior Invention 1 are identical in that the response constituent elements of the instant Claim No. 1 are identical in that the response network from the day (or the day (or day) of the press to cover or withdraw, and that the response network can be opened or closed by the string (or hand Hand) upon the movement of slot (or hand Hand). These response constituent elements are general compositions that enable the opening or closing of the response network to be installed on the opening or closing frame.

B) In relation to the instant Claim No. 1 invention, the Defendant claimed that the other side of the press (referring to the lower part of the press as the opposite side of the press) was installed, but the prior invention 1 did not have the lower part of the press, and there is a difference in both countermeasure elements. However, the Defendant’s assertion cannot be accepted for the following reasons.

① In the specification of the instant patent invention, there is no special technical significance from the other side of the press, as there is no specific limitation, other than the “agravating part on the other side of the press” in the specification of the instant patent invention. As such, there is no substantial difference between the two sides of the lower part of the press press (15) where the combined part of the press press (38) of the prior invention 1 is formed.

② Moreover, considering the fact that such opening and closing shocking network was inserted into a window (100) as in the drawing 2 of the Prior Invention 1, a new effect that is different from that of the Prior Invention 1 is not recognized by the existence of another side of the frame in the instant patent invention.

2) Parts of components 2

A) The response components 2 and 1 of the Prior Invention 1 are common in the composition of the supporting members (or hand) in which a locking unit (or a locking device) is formed by a mobile hole (or a river and sus) and the mobile hole (or a river and sus) in the direction before and after, and after, the direction within the mobile hole (or a bridge) and are equipped with the slot (or a tape) formed by a locking unit (or a tape) on the front.

B) In relation to this, the Defendant asserts that there is a difference between the two mobile lines (42) of the component 2 and the inner lectures (13) of the prior invention 1 and the slot (17) of the prior invention 1. However, since the absence to support the instant Claim Claim 1 (41) is a combination of those fixed to the slot (20), it is closed after the absence to support by the slot (20). Thus, there is no substantial difference between the structure of the “modal (13) and the head of the Gu (17)” of the prior invention 1’s Hand (12). Furthermore, inasmuch as the specification of the instant patent invention (034) provides that “the mobile line (42) can be formed only by the prior opening (41) of the support failure (41), the Defendant’s technical assertion is without any particular reason.”

3) Parts of the component 3

The components 3 and the elements of the response of the preceding invention 1 are arranged on the back of the slot (or a set) and are related to the composition of the slot (or a set) that support the slot (or a set) in the opposite direction of the shock network, and they are the same as the two response elements.

4) 4 parts of the components

A) The constituent elements 4 and the countermeasure elements of the prior invention 1 are the same in that the forest home (or a series of combinations) moves to the direction before and after the galb (or the galb) in the direction of the galb (or the galb) and diving or cancellation.

B) However, while the 4th galm of components is formed on the other side of the press, the combinations of the records of Prior Invention 1 are formed on both sides of the guide rail (15) and both response components are different in the location where the galm (or the combinations) is installed (hereinafter referred to as “vehicle 1”).

5) 5 parts of the components

A) The components 5 and the countermeasure elements of the prior invention 1 are the same in that slova (or a set) guide within the moving hole (or inside the river) and can be moved to the direction before and after the movement, and slovas are closed (or a set of slovas forming slots in the inner river) with the front direction and restrict the movement distance to the front direction of the slovas.

B) However, there is a difference in that the components corresponding to the composition of the “ear-to-face and home” of components 5 are not initiated in Prior Invention 1 (hereinafter “Difference 2”).

(c)review differences;

1) Difference 1

As seen earlier, among the inventions of the instant Claim No. 1, the 4 sides of the constituent elements of the instant Claim No. 1 are formed on the other side of presses, while the combinations (38) of the records of the Prior Claim No. 1 are formed on both sides of the lower part of presses, and the both constituent elements of the instant Claim No. 1 are different in their installation locations.

However, a person with ordinary skills can easily overcome the difference from prior inventions 1 for the following reasons.

① According to the claim on the instant Claim for Claim 1, “the other side of the press” refers to the lower part of the press as the opposite side of the press. As such, the left part of the instant Claim 1 invention is formed in the lower part of the press. In other words, it is not limited to the lower part of the press.

② In response to this, in prior inventions 1, the combinations (38) are respectively established on both sides of the lower part of the table (15). Since the two sides of the table (38) installed on both sides of the lower part of the table (38), the concept “each side of the lower part of the table of the contents of the bill” is also included in the “ lower part of the frame” of the invention of paragraph (1) of this case, there is no substantial difference between the 4nd part of the constituent elements and the 1st part of the prior inventions.

③ Furthermore, the specification (identification number 0030) of the instant patent invention states that “The 40th line (40) may be formed on both sides of the slot line.” Ultimately, it can be combined between the scam home (45) and the scam (49) of the scaming line in the scambling line (45) of the scambling line with the scambling line (49) on both sides of the scam on both sides of the press, so such technical idea is different from that of the scamb(22) from the prior invention 1 to the upper part of the scambling line (

2) Difference 2

In the instant Claim 1 invention, slotrs move to the front and rear in the moving hole formed in the absence of support by them, there is a difference between the “divers” formed in both sides of the slotrs and the “divers home” inserted in and announced by the divers in the moving hole, which is not commenced in the prior invention 1.

However, such a structure of “Adwards and home” is being launched in the preceding invention 2’s “protrudings (422)” and “Adives (20) and “Adives (220)” or “Adives (140)” of the preceding invention 3, and is already widely used in various technology fields by means of guiding the straight-line movements to move without shakings. Considering the usefulness of the structure of “Adwards and home”, if an ordinary technician is a technician, it can be easily devised to add such structure to the parts of “Adwards and homes” combined with the lecture of the Hand of the preceding invention 1, and the effect resulting from such changes can also be sufficiently predicted to the extent that it can be sufficiently predicted.

Therefore, the difference can be easily overcome by a person with ordinary skill from the combination of prior inventions 1 and prior inventions 2 or 3.

D. Judgment on the Defendant’s additional assertion

1) The defendant's assertion

The Defendant asserts that the instant Claim No. 1 invention is listed in the mobile space where the “slur” is in the absence of support, while the prior invention No. 1 does not involve a composition of the “slurb” in the hands-on lecture, and thus, both inventions are different in the operating principle.

2) Determination

A) Claim 1 invention of this case and Prior Invention 1 of this case are capable of combining the movement factory (or within a river formed within the Hand) formed by the slot (or within the Hand) in the absence of support with the “afterward direction,” and they can fix the discharge network inserted and withdrawn by the scambling unit (or the combination) of the scambling unit (or the scamb) of the scamer for a long time. The full-scale (or the scam of the scam) of the scamer is released by the scambling (or the scaming) in the direction of compressing the scambling (or the scambling), and eventually, the scambling effect of the invention can be easily separated from the scambling and the scambling effect formed within the scambling system and the scambling effect formed within the scambling and the scaming effect.

A person shall be appointed.

B) However, the Defendant asserts the difference in the operation of the two inventions on the ground of the statement in the preceding invention 1, stating that “theopon (24) may be pushed in the direction of the carart (10) by the act of another recording in the state of hand (12).” However, this is merely an example of showing an additional “spon movement” in addition to the “opon movement” behavior in the preceding invention 1 as recorded in the table (21). Ultimately, insofar as the composition of the two inventions is initiated in the same manner as the horizontal movement of the copy from the preceding invention 1, that is, the operation principle is identical to the instant Claim 1 invention, so the Defendant’s above assertion is difficult to accept.

(e) Results of the review.

Therefore, the nonobviousness of the instant Claim 1 invention can be easily claimed by a person with ordinary skills from a combination of prior inventions 1 and prior inventions 2 or 3. Therefore, the nonobviousness of the instant Claim 1 invention is denied.

4. Whether the invention described in paragraphs (3) through (4) of this case is inventive

A. Preparation for composition with prior inventions 1

If the characteristic parts of the instant Claim Nos. 3 through 4 are compared with those of the Prior Invention No. 1, they are as listed below.

In Section 13, paragraph 1 of the preceding invention of the patented invention in this case contained in the Schedule Claim 13, the above license shall be made by co-raying, and it shall be made up of the inner home opened to the rear side of the above slot, and the above license shall be put up to the upper prefabricated Home (35) after the completion of the string of the string of which is inserted into and supported by the said slot and slot, and the string may use the upper strawing, spunching, polysphering, polysphering, etc. In the event that the string, including the 32th day of the string, it shall be composed of the 34 poppy (3) and 35th day of the string, it shall be composed of the 10th day of the above string (10th day of the poppy) and the 30th day of the string (30th day of the string) or 40th day of the string.0.

B. Whether it is substantially identical

1) Claim 3 invention of this case

The characteristic of the instant Claim 3 invention and the response elements of the Prior Invention 1 are substantially the same in that the sphering (or recorded sphering) is a coke and is inserted into the inner home (or the assembly home) after the sphering (or recorded sphering).

2) Claim 4 invention of this case

The characteristic of the instant Claim 4 invention and the response elements of the Prior Invention 1 are the same in that the slock front of the slock (slontictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictictic

(c) Results of review;

Therefore, the nonobviousness of the instant Claims 3 and 4 can be easily claimed by a person with ordinary skills from the combination of Prior Inventions 1 and Prior Inventions 2 or 3, and widely known and used art. Therefore, the nonobviousness of the instant Claims is denied.

5. Conclusion

The decision of this case is unlawful, and the plaintiff's claim seeking revocation is justified, and this conclusion is accepted.

Judge O Young-young (Presiding Judge) Kim Dong-dong Kim Dong-dong

1) Prior inventions 1 are related to “a fixed device with the loss of an authorized shock net” as stated in No. 20-318021 (public notice June 27, 2003). In other words, prior inventions 1 cited in the determination of the instant trial ruling are different from prior inventions 1 that were submitted in the revocation lawsuit of the instant trial ruling.

Note 2) The descriptions written in the overall title are the elements of the prior invention 1 corresponding to the elements of the instant patent invention. The descriptions written in the same manner shall be indicated in comparison with the instant patent invention 1.