204Heo5603. Nullification of the registration (Secretariat)

Ethical Communications Co., Ltd.

Seoul Dongdaemun-gu Seoul Metropolitan Government Jeondong

Representative Director

1. The grandchildren;

Geumcheon-gu Seoul Metropolitan Government Mosandong

2. Dormant Inc.;

Seocho-gu Seoul District Court Decision 201

Seoul Seocho-gu Seoul Metropolitan Government Place of Service

Representative Director;

3. Heat fever; and

Geumcheon-gu Seoul Metropolitan Government Mosan Three dong

4. A lodging.

Masan-si Seoul Metropolitan City 38

5. Liquidation.

The members of Ansan-si and the vice-Dong;

[Defendant-Appellee] U.S. Patent Law Firm

Patent Attorney Use Regulations

October 27, 2005

November 24, 2005

1. The plaintiff's claim is dismissed.

2. The litigation costs shall be borne by the plaintiff.

The decision made by the Intellectual Property Tribunal on August 25, 2004 on the case No. 2002Dang2775 is revoked.

1. Basic facts

A. The registered complaint of this case (the drawings are as shown in the annexed Form 1)

(1) Name of device: A radio call receiver or receiver for business place using the radio frequency transmission signal.

(2) Date of application / Date of registration / Date of decision to maintain a registration / Number of registration: November 30, 1999/ June 20, 200/4

17. / No. 194328

(3) Claims.

1. Claim 1. The reception and conversion department (hereinafter referred to as "class 1") converting the transmission signal equipped with unique ID code to inform the location of the customer after receiving the transmission signal from the sender, and then converting it to be processed in the control unit (hereinafter referred to as "class 1"); the control unit (hereinafter referred to as "class 2"; hereinafter referred to as "class 2"); and the control unit to analyze the transmission signal through the reception and conversion unit to identify the location of the customer sent and output the control signal to inform the location of the person sent in the control unit (hereinafter referred to as "class 3"; hereinafter referred to as " class 3"); and the radio transmitter transmitting and receiving the radio frequency signal using the radio frequency transmission signal using the radio frequency transmission signal (hereinafter referred to as "claim 1; hereinafter referred to as " Claim 1. 1. hereinafter referred to as the remainder of Claim 1; and hereinafter referred to as the remainder of Claim 1 in the same way).

2. In regard to Claim 1, the above transmittinger shall be set up in the wall, interior, office, etc. adjacent to the customer for the service, and shall constitute an output of the unique ID code to inform the location of the customer in question. The transmittinger shall transmit and receive the above radio frequency transmission for the establishment using the radio frequency transmission signal.

3. In Claim 3. In paragraph 1, the above location indication point includes a spacker that prints a prescribed sound to inform customers of the location of the customer, and the radio spack transmission and reception of the above radio frequency transmission signal for the establishment using the radio frequency transmission signal.

4. In regard to claims 4. In paragraph 1, the above location indication point shall include PED to inform customers of the location of the customer, and the above location indication point shall be the radio call receiver for the establishment using the radio frequency transmission signal as set out above.

(4) Owner of utility model right: Plaintiff

B. The comparative subject design (each drawing is as shown in the annexed No. 2) (1) comparative subject design 1 (No. 3-49435, Mar. 4, 191; No. 449435, Mar. 4, 191; No. 4491; No. 4550, Mar. 1, 1991; No. 1) comparative subject design (each drawing is as shown in the annexed No. 2); (1) The transmission method of transmitting transmitted data in the form of radio signal by giving different ID codes for each selection date; (2) the reception oil of receiving the above radio wave data by receiving the above transmission data; (3) the method of identifying the registration of the transmitted data; (4) data identifying the identification method corresponding to the location signal contained in the transmitted data; and (5) the method of processing data using the display or display, etc. using the display sign, etc.

(2) Comparison B (No. 4 of Japan Patent Publication No. 124797, April 24, 1992, No. 4 of Japan Patent Publication No. 2)

As a matter of 'Semulging oil and the radio call display system using it', the composition of the radio call display device that has installed a theater in the bees of the call display machine and has started to be installed in the outlet located in the bees of the call display machine and installs the luminous block that has filled with luminous lamps such as Lod, etc. in the connection register of the voltage.

(3) Compared High Court Decision 3 (No. 61 - No. 42692, March 19, 1986, No. 5)

It is related to ‘theme call system'. There is a composition composed of radio transmitter for each table, radio transmitter for each table, receiver for receiving the call signal, and the table for sending the call signal. In particular, there is an indication that ‘Buzer' can be sounding in order to attract employee's attention.

C. (1) The Defendants filed a petition for invalidation of the instant registered petition on the ground that the registered petition of this case was not new or non-obviousness compared to the technical composition initiated by the patent and utility model bulletin, magazines, etc. (specific entry is omitted) in Korea and Japan, which was published or distributed prior to the filing of the petition, and the registered petition of this case. The Intellectual Property Trial and Appeal Board reviewed the petition as 2002 party 2775 on August 25, 2004, and rendered the instant trial decision accepting the Defendants’ claims on the same grounds as (2) below.

(2) A summary of the reasoning of the instant trial decision (A) is comprised of “the reception and conversion register,” “control register,” and “location indication register”. However, this is not new as it is the same as “the radio independent identification mark 1 of the comparable device,” “data classification/processing method, and display method.”

(B) The instant Claim 2 design is limited to the location of the transmitting apparatus to the wall, the test, office, etc. adjacent to the customer, but it is not new since it is shown in the drawings 2, 3, and 7 of the comparable device 1.

(C) Although the instant Claim 3 device is limited to Skicker’s display method of the instant Claim 1 device, there is an indication in the comparable Claim 3 that “the person having ordinary skill in the relevant technical field is able to have same as Skicker’s,” it is extremely easy for the instant Claim 3 device to have non-obviousness on the basis of the combinations between the comparison Claim 1 and 3. (d) The instant Claim 4 device is limited to LED’s display method of the instant Claim 1 device, but it is extremely easy for the relevant business entity to have it on the instant Claim 4 device by combining the comparison Claim 1 and 2, and thus, it is not non-obviousness.

[Evidence] Evidence Nos. 1, 4, 5, 13 through 15

2. Summary of the parties' arguments;

A. Summary of the grounds for revoking the trial decision asserted by the plaintiff

The registered complaint of this case has a significant effect on providing better services by combining the comparable designs and improving the convenience and identity of the overall use, and thus, it has a newness and inventive step compared to the comparable higher design.

B. Summary of the defendant's assertion

This case's trial decision is identical to the summary of the claim.

3. Determination

A. According to the statement Nos. 1 and 14, comparing the newness of the instant Claim No. 1 device (Preparation with 1 on the Comparison), the purpose and effects of the device are as follows: (a) according to the detailed description of the instant Claim No. 1, it is recognized that the detailed description of the instant Claim No. 1 provides a business-based radio transmitter with radio frequency transmission signal using radio frequency transmission signal that does not cause damage to other customers at the place of business providing the service, such as a restaurant, hotel, etc., by recognizing the call of the customer at a timely stage without damage to other customers; (b) the purpose of the comparative Claim No. 1 is also to provide the user with the improved radio call display system that does not require the establishment and operation of each channel to provide accurate and prompt service at the workplace, such as Estop.

From this point of view, (A) component 1 of the instant Claim No. 1 is the same as the object and effect of technical field and device. (2) Compared to the composition of the instant Claim No. 2, (1) the transmission means of transmitting the transmitted data in the form of radio wave signals by giving a different ID code for each selectr unit; (2) the reception source of the above radio wave signals by receiving the radio frequency signal, and (3) the reception source of the radio frequency No. 1 is different from the radio frequency No. 4, while the radio frequency No. 1 is the same as the reception signal of the radio frequency No. 2, while the radio frequency No. 1 is different from the reception signal of the same radio frequency No. 2, the term “the radio wave No. 1” as the term “the radio wave No. 1” and the term “the radio wave No. 1” as the term “the radio wave No. 3, which is changed from the radio frequency No. 3, the term “the radio wave No. 1” as the term “the radio wave No. 1”.

Therefore, the elements 1 of the instant Claim No. 1 is the same as the response composition of the comparable 1. (b) 2 components of the instant registered 2, which are the elements of the instant registered 1.3 'the comparable 1.' of the comparable 1. (3) The method to identify whether the received ID code is registered or not, and (4) the method to identify data calculation / the method to output display control signals such as the point corresponding to the location signals included in the transmitted data.

(C) The elements of the instant registered complaint No. 3 are "a location indication in which a message is printed to inform the customer's location expressed in the language of the above control book," and the "means of indicating the point of lamps or the display by using cattle, etc. in the display window" is also one of the "means of indicating the position to inform the location of the person who sent the message." Thus, the elements of the instant registered complaint No. 3 are not only the expression of the above elements of the comparable complaint No. 1 as the upper concept, and therefore, the elements of the instant response are the same as each other.

(3) A summary of the result of preparation;

Ultimately, the instant Claim 1 device is identical to the comparative subject design 1, and thus, is not new.

B. Novelty of the instant Claim 2 device

The second device of this case is limited to the structure that sets up a wall, table, office, etc. adjacent to the customer to "the sender of the instant claim 1 device of this case" to print out the unique IMO code to inform the location of the customer. However, considering the fact that the transmission apparatus is known to the customer's purpose of the instant claim 1 and that it is intended to easily identify the location of the customer's location by recognizing the wireless signal transmitted from the customer to the radio signal transmitted from the customer, it is obvious that the transmission apparatus for transmitting the wireless signal is located adjacent to the customer. Furthermore, in the 7a drawings of the comparative claim 1, the transmission apparatus is installed on the wall of the customer, such as a restaurant, etc., 7b of the drawings, and the division is installed on the wall of the cable, etc., 77 of the drawings, and the transmission apparatus is also installed on each section, and the transmission apparatus is indicated to the customer's display of the radio signal using the radio transmitter, and there is no new structure of the comparative claim 2 of this case.

C. Whether the inventive step of the instant Claim 3 device was inventive

이 사건 제3항 고안은 이 사건 제1항 고안의 위치 표시부를 ' 스피커 ' 로 한정한 것인 바, 위 1. 나. ( 3 ) 에서 본 바와 같이, 비교대상고안 3 역시 이 사건 등록고안 및 비교대상고안 1과 동일한 기술분야인 ‘ 테이블 호출장치에 관한 것으로서, 각 테이블마다 설치되어 호출을 행하는 무선송신기, 그 호출신호를 수신하는 수신기, 호출신호를 보낸 테이블이 어디인지를 표시하는 표시부로 이루어져 있고, 종업원의 주의를 끌기 위하여 ' 버저 ( Buzzer ) 음 ' 을 울릴 수 있다고 되어 있다. 따라서 당업자라면 비교대상고안 1의 각 기술구성에 비교대상고안 3의 버저 ( Buzzer ) 를 단순 결합하는 것만으로 극히 용이하게 이 사건 제3항 고안에 이를 수 있다 할 것이다 ( 이 사건 제3항 고안의 ' 스피커 ' 는 그 의미가 명확하지 아니하나, 통상적으로 ' 스피커 ' 라 함은 전기를 진동판의 진동으로 바꾸어 음파를 복사 ( 脚射 ) 하는 음향기기 일체를 말하고, 버저 ( Buzzer ) 는 전자석과 진동편을 조합해서 신호음을 발생시키는 장치를 말하므로 양자는 기술적 의미에서 차이가 없다 .

Therefore, the instant Claim 3 device has no inventive step.

D. Whether the inventive step of the instant Claim No. 4 was made

The claim 4 of this case limited the location display point of the claim 1 of this case to LED, and the registration device of this case and the technical field of the technical field of this case are the same comparable device 2 of the comparable device as "a composition that can be installed in the display lux 2 of the display lux lux lux lux lux lux lux lux lux lux lux lux la in the display lux 2 of the display lux lux lux lux 1 of the comparable device can be easily combined with each technical structure of the comparable device 1 of the comparable device.

Therefore, there is no non-obviousness of the instant Claim 4 device.

E. Sub-decision

The design of this case Nos. 1 and 2 is not new compared to the comparative design No. 1, and the design of this case No. 3 is based on the combinations between the comparison design No. 1 and 3 by the party subject to the comparison design. Since the design of this case No. 4 can easily be designed by the party subject to the comparison design No. 1 and 4, it is not non-obviousness. Accordingly, the registration of the design of this case should be invalidated under Article 5(1), (2), and 49 of the former Utility Model Act (amended by Act No. 6412 of Feb. 3, 2001). Thus, the trial decision of this case is justified as it is consistent with this conclusion.

4. Conclusion

Therefore, the plaintiff's claim of this case seeking the revocation of the trial decision of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judge Choi Sung-sung

Judges Cho Young-soo

Judge Han Dong-soo

Attached 1. Drawings of the instant registered complaint

A person shall be appointed.

Attached Form 2. Main drawings of comparative designs;

1. Comparison table 1;

Drawing 1

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Drawing No. 2a. Drawings No. 2b

Drawings 2c)

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Drawings 3a. Drawings 3b.

Drawing No. 3c.

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4. Deleted.

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6. Deleted.

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7. Deleted.

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8. The Minister of Land, Infrastructure and Transport

Three times:

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November 1, 200

Drawing 12

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Drawing 13

Drawing 14

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Drawings 15

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Drawing 16

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Drawing 18

Drawings 19

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Drawings 20

Drawings 21

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Drawings25. Drawings26

Drawings27

2. Comparison table 2;

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Drawing 1

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Drawings: 2. Drawings: 3. Drawings.

Drawings: 5. Drawings.

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