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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 28, 2013, the Korean Intellectual Property Office examiner: (a) on October 28, 2013, the Plaintiff with ordinary knowledge in the art to which the invention in question pertains (hereinafter referred to as “ordinary technician”), the Claim 1 through 7 (hereinafter referred to as “ Claim 1”, and the remainder of the claims are included in the same manner).
(2) On December 30, 2013, the Plaintiff amended the instant patent application invention on the ground that even if the patent applicant re-examines the instant patent application invention on April 30, 2014, the said ground for rejection was not resolved.
3) In filing a request for reexamination on July 30, 2014, the Plaintiff amended the instant patent application invention. However, on August 5, 2014, the examiner of the Korean Intellectual Property Office maintained the said decision of rejection on the ground that the instant Claim Nos. 1 through 7 inventions still failed to overcome the grounds for the said decision of rejection. 4) On September 4, 2014, the Plaintiff filed an appeal seeking revocation of the said decision of rejection with the Intellectual Property Tribunal. The Intellectual Property Tribunal deliberated the instant case with the number of KRW 2014 won and KRW 5640. On March 17, 2016, the instant decision of rejection was rendered on the ground that the nonobviousness of the instant Claim No. 1 invention was denied by prior inventions 1 and 2.
B. The Plaintiff’s title of the invention claimed in the instant case (Evidence 2) 1: the filing date of a dance model model format / the priority claim date / the application number: the invention described in the summary of the invention on June 7, 2012 / November 6, 2009 / 2012 / 2012-70147473) is related to the interior of the vehicle, and is related to the part of the set-structure and the process producing internal components of the vehicle (refer to the short number / 001).