205Heo9152 Verification of Scope of Right (Special Cases)

Kim Sea-Lo

Pakistan-si

Patent Attorney Song-chul, Counsel for the defendant-appellant

Kim Sung-ok:

Seocho-gu Seoul

Attorney Kang Jong-sung et al., Counsel for defendant

June 23, 2006

July 14, 2006

1. The decision made by the Intellectual Property Tribunal on August 30, 2005 on the case No. 2005Dang24 is revoked.

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

The order is as set forth in the text.

1. Details of the trial decision;

가. 피고는 1996. 8. 12. 출원하여 1998. 12. 15. 특허등록을 받은 별지 제1항 기재 “ 라벨이 내장된 투명비누의 제조방법 ” ( 이하 ' 이 사건 특허발명 ' 이라 한다 ) 의 권리자이다. 종래의 라벨이 내장된 투명비누 제조방법에는 ① 몰드체이스 중앙부에 라벨을 놓고 액상의 투명비누액을 주입하여 고화하는 방법, ② 투명비누를 2개로 절단하여 그 사이에 라벨을 놓고 가압성형 ( 加壓成型 ) 하는 방법 등이 있었는데, 위 ① 방법은 작업자가 일일이 라벨을 안치시켜야 하므로 대량생산이 불가능하고, 위 ② 방법은 상온에서 가압성형하므로 비누편이 부서져 투명성이 저하되는 문제가 있었는바, 이 사건 특허발명은 어느 정도 고화된 봉상 ( 棒狀 ) 의 투명비누를 다수의 비누편으로 절단한 후 2 개를 한 쌍으로 하여 그 사이에 라벨을 삽입하고 성형하여 비누를 제조함으로써 생산성 향상을 꾀하고, 라벨이 삽입된 한 쌍의 비누편을 몰드체이스에 넣고 성형하기 전에 40 ~ 50℃의 온도로 가열함으로써 비누편이 부서져 투명성이 저하되는 것을 예방함을 목적으로 하는 것으로서, 그 구체적인 기술구성은 별지 제1항 기재 청구범위와 같다 .

B. The Plaintiff filed a claim for a trial to confirm the scope of right of the instant patent invention on the grounds that the challenged invention prior to the amendment described in the attached Form No. 2, which he/she had conducted, constitutes a technology publicly known prior to the application of the instant patent invention, and that it is different from the instant patent invention. The Intellectual Property Trial and Appeal Board rendered a decision to dismiss the Plaintiff’s petition on the grounds that the said petition for a trial was conducted as 201Da221, Feb. 27, 2002 on the grounds that the challenged invention prior to the amendment falls under the scope of the right of the instant patent invention, and the Patent Court rendered a decision to dismiss the Plaintiff’s claim on February 14, 2003, which is the litigation to revoke the said trial decision.

With respect to the plaintiff's appeal No. 2003Hu656, Apr. 29, 2005, the Supreme Court reversed the decision on the case No. 2002No. 2235 of the Patent Court and revoked the decision of the Intellectual Property Tribunal on the case No. 2001Da2221 of the Patent Tribunal.

C. On July 22, 2005, the Plaintiff amended the invention subject to confirmation prior to the amendment to the Korean Intellectual Property Trial and Appeal Board’s order as the invention subject to confirmation after the amendment in attached Form 3. The Korean Intellectual Property Trial and Appeal Board rendered the instant trial decision dismissing the Plaintiff’s appeal on the ground that: (a) even if the transparent discount temperature is not separately set before the provisional pressure sentence, it is difficult to limit the temperature due to the difference in indoor, non-air and season; and (b) as the temperature in the gold pattern changes due to the increase in the temperature in the gold pattern as a result of the provisional pressure punishment, it cannot specify the transparent discount temperature; and (c) it cannot be said that the invention subject to confirmation after the amendment is specifically specified as to whether it falls under the scope of the right in comparison with the instant patent invention.

【Evidence: Evidence Nos. 1, 2, 7, and No. 1, 2)

2. Determination as to the legitimacy of the trial decision

A. In filing a request for a trial to confirm the scope of a patent right, the technical content that is the object of the request for a trial must be specified as much as it can be compared with the patented invention in question. However, for that specification, it is not necessary to state all the detailed composition of the subject matter, and it is sufficient to state the specific composition corresponding to the elements of the patented invention, and it is sufficient to determine the difference in comparison with the elements of the patented invention.

B. The patented invention of this case is related to the manufacturing method of labelling in the level of transparency. ① the manufacturing process of the liquid sum of transparent sum, ② the manufacturing process of the tubes and the cutting of the solid sum of transparent sum with a specific thickness, ③ the process of inserting the level between the cut two transparent sums, ④ the transparent sum of the pairs in which the said level is inserted, ④ the rise in the temperature of 40 to 50°the temperature of the pairs in which the said level is inserted, and consisting of the stages of inserting it in the steb (sexual type).

On the other hand, the invention subject to confirmation after the amendment also causes a method of manufacturing transparency over films.

As a result, ① injecting and responding to the transparent collection over 100°C into the water pipe, ② in the stage of breaking response and transparent collection and cutting it with a specific thickness, ③ in the stage of inserting film between cut transparent collection, ④ in the stage of inserting film between cut transparent collection, ④ in the gold-type where the film in an unresistant state overlaps with the transparent collection as long as it is inserted into the gold-type, and ⑤ in the stage of inserting luminous collection without the process of raising the temperature, ⑤ in the shape of inserting the sex transparent collection into the water.

The method of manufacturing the transparent hold of both inventions is not different in that it is made in the process of inserting the solid hold from the tubes to a certain thickness, the process of inserting the solid hold from the cut transparent hold, and the process of inserting the label or film between the cut transparent hold, and the process of inserting the pair of transparent hold in which the labelling or film is inserted into a negative figure, while each of the above ① the patented invention in question is limited to "the transparent hold of 100° or above", the challenged invention in response thereto is limited to "the transparent hold of 100° or above," and each of the above (iv) the patented invention in question has increased the temperature of 40~50§ 40§ 50, so that it can be easily combined with the process of verifying the above in the form of the corrected code, and there is no difference in the composition of the invention in the form of the corrected code."

C. Of the specification of the instant patent invention, the amount of transparency over 60 to 70§¯ in the part relating to the composition and operation of the invention is inserted in a specific form in a tubes, and the amount of transparency shall be rounded up until the amount of transparency is elevated. When the amount of transparency is solidified, the tubes shall be removed, cut high-form transparency over 1 to 1.5§¯, and the labels shall be inserted between 2 transparency over 40 to 50§¯. In light of the description that the temperature of the two parallel in which labelling is inserted is reduced to about 40 to 50§¯, and that it is considerably transparent to the extent that the amount of transparency is 60 to 70 to 25 to 25 to 30 to 40 to 50 to 50 to 50 to 50 to 50 to 50 to 20 to 25 to 4 to me to me to me to me to me in light of the description, etc.

Therefore, as to the composition of the part corresponding to the composition of “the transparent snife” of the instant patent invention in the challenged invention after its amendment, as to the composition of “the transparent snife rise from the temperature of 40 to 50°C,” and into the snife type,” the invention at issue is specified as being specific to the extent necessary to determine the difference in comparison with each other in relation to the composition of the part corresponding to the above elements of the instant patent invention, so long as the composition of “the transparent snife type overlaps with the transparent snife that is not separately snifed, and without the temperature increase,” it cannot be deemed that the amended invention at issue was not specified to the extent that it is necessary to determine the difference in comparison with the instant patent invention, such as the instant trial decision.

In addition, it is possible to somewhat increase the temperature of gold and transparent discount because of a certain degree of heat generated in a gold-type and pressure-type, but there is no ground as to whether the heat generated has an impact on the degree of transparent discount (the entry of evidence No. 2 submitted by the Plaintiff can only be confirmed as 0.51 %) of the instant patent invention: (4) the composition of the instant patent invention was made up of about 40 to 50 cm before the transparent discount was put into a gold, and it was made up of approximately 40 to 50 cm before the pressure-type was added into a gold-type, and it is not possible to confirm the temperature of the instant patent invention as approximately 40 to 50 cm, considering the heat generated in the process of pressure-typeing, and thus, it is not possible to determine the specific temperature of the instant patent invention as the amendment-type increase in the temperature of the instant patent invention for reasons that there is no difference between the instant patent invention and the amendment-type temperature of the instant case.

【Evidence: Evidence Nos. 3 through 9, and the purport of the whole pleadings】

D. In full view of each of the above points, the decision to confirm the correction after the correction was specified to the extent that the difference can be judged in comparison with the elements of the patented invention of this case, and the decision of this case which dismissed the plaintiff's request is unlawful.

3. Conclusion

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

Judges Lee Sung-ho

Judges Oh Jin-jin

Judges Han Han-chul

Site of separate sheet

1. Patent invention of this case (registration number No. 18332, A No. 7);

1. In general, in terms of the method of manufacturing transparent accumulated with labels, etc. as a marking means:

The stage to put in separate tubes the transparent accumulated amount in the liquid state, which is a manufacturer of transparent sniffy, into a separate pipe; and

The removal of tubes after ancientization, thereby cutting off ancient transparency over a large range of diameters with a thickness;

the level in which the labelling is inserted between the cut transparency and the level in which the labelling is inserted, and the labelling is inserted;

They put in the bundd body ( frame) in order by inserting the transparent discount of both parties at the temperature of 40 to 50°C.

The manufacturing bank of a transparent hall with the characteristics of labelling (mix) made in the stage of printing (mix).

Drawings 1 2a Drawings 26 2c

Drawings 2d Drawings 31

A person shall be appointed.

2. The description and drawings of the invention subject to confirmation prior to the correction;

[Name]

Method of manufacturing transparent overe, whose film is recorded;

【Simple Explanation of Drawings】

Attachment drawings are blocks for manufacturing process of the challenged invention.

【Composition】

100cc.s.s.s.s.s. to injecte and respond to transparency over 100cc.s.s.;

-the stage at which he/she is made into transparent emuliation by breaking down he/she is transparent emuli and cutting it with a certain thickness;

level in which labels are inserted between cut transparent discounts;

level in which labels are inserted overlaps with the transparency of one of them and put them into gold-type and pressure-type;

The stage at which luminous luminouss are rhymd with a water dymhys

【Drawing】

A person shall be appointed.

3. An explanatory note of the invention subject to confirmation after correction;

[Name]

Method of manufacturing transparent overe, whose film is recorded;

【Simple Explanation of Drawings】

Attachment drawings are the manufacturing block of the challenged invention.

【Composition】

100cc.s.s.s.s.s. ands.s.s.s. ands.s.s. 10cc.s.s.

the level of making it a transparent discount by cutting off the form of a certain thickness and cutting it into a certain thickness, and cut transparency cap;

between this section and the stage of inserting films, the film in an unexploded state is inserted, separate from this section.

Druptures without a separate process of increasing temperature by inserting two transparent discounts into gold-types and without additional process of raising temperature.

1. The level of e.g., the level of e.g., and the level of e.g., the level of e.g., the level of e.s.

【Drawing】

A person shall be appointed.