206Heo11855 (Special Cases)

Plaintiff Foreign Corporation

Attorney Gong Chang-hun, Counsel for the defendant-appellant

Patent Attorney Conscar and Immigration

The Commissioner of the Korean Intellectual Property Office

Class A of litigation performer:

Intervenor who is a joint intervenor

Law Firm Rate, Attorney Kang Dong-chul, Counsel for the defendant-appellant

Patent Law Firm Doctrine Patent Attorney Doctrine

Patent Attorney Nam-hee

November 15, 2007

December 6, 2007

1. The plaintiff's claim is dismissed.

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

The Patent Tribunal's decision on Nov. 29, 2006 No. 395391 on Nov. 29, 2006

Paragraphs (28) through (31) of this Article, and paragraphs (68) through (31) of this Article, among the claims for a patented invention

75 The part concerning paragraph (1) shall be revoked.

1. Basic facts

A. Name of the patented invention (1) invention of this case: The date of the international application for PCT and the date of submission of translation / the registration date / the publication date of registration / the publication date of registration / the registration number: February 25, 1998/1999.

8. / 26. / August 8, 2003./ 25 August 25, 2003 (Priority Claim / Priority Claim : February 26, 1997) patentees: Plaintiff (A)’s contents of the patented invention (hereinafter referred to as “C”) in semiconductor practical container / Swaferer in the area near the surface of the waferfer, without any oxygen shock that may adversely affect cattle’s actions, and in the area (bulk zone), the scope of the patent claim of this case should be formed in the area of Jinditer (hereinafter referred to as “Inditer”), which is adequate for the rapid effect of the claim / invention in the area of this case by forming an “Inditeric Getling, IG” and the scope of the patent claim of this case shall be formed in the area of the Bluter and the area of the patent (hereinafter referred to as “Inditeric air content in the area of each of the instant case.”). The scope of the patent invention in this case shall beer in the area.

(b) relevant technical terms;

① Dlodd area (denude zone) and bed area (bulk zone): A certain depth area in which there is no oxygen in the direction of depth from the surface of semiconductor cellferer is a DNAd area, and a DNAd area is formed mainly in active elements to be used to form semiconductor direct circuits. The area outside the DNA area is a bed area in which oxygen is formed.

② Risking effect is the effect of improving the characteristics of action by capturing metal materials, such as copper, nitroel, steel, etc. (which causes a large flow or low voltage of air-resistant power), using the oxygen shocks formed in the beck domain of semiconductors wafers, and removing them in the active elements.

(3) Stint decilization: Sticker’s decilation that does not regularly arrange originals within a waferer’s decilation, refers to strings, etc. ( intersectorf - intersector - intersectorcy) between individuals in an anti-concilation or tele-concilation, etc., where the actual container operator is absent within a determined stringr.

(4) child oxides (oxgenprecitates): The term "child compound" means a kind of oxygen compound in which a source of oxygen is included, in the form of a kind of minor defect formed in the actual container wafers.

⑤ Process of Poch sk (Czchralsk) process: A process that obtains a de facto container decision in order to extract semiconductor wafers from the de facto multi-determined container is the process that takes the name of the creator and takes the name of the creator. It is the process that obtains a de facto container, which is a simple decision consistent with the direction of the seed decision, after inserting and heating (melting about 1400 %) the decryal into the solution (scryal) and then putting the decryal into the solution (scryal growth speed of 3 to 18 cm/h) higher than the solution, thereby obtaining a decry container, which is a simple decision consistent with the direction of the seed decision.

B. Invention 1(1) L2-325, A(Evidence 3) of Japan, published on February 2, 1990, as to "the manufacturing method of the net container board for semiconductor DNA" 2. The detailed content and drawings are as follows: (a) the manufacturing method of the net container board for semiconductor DNA prior to the DNA manufacturing process is conducted by investigating light generated by culp lamps and mercury halog light with 00 cm above 1,200 cm until the upper temperature; (b) at least 2.2°C/O, and at least 9 - the publicly announced rate of 0 % of the surface nearby the surface of the 2nd 4th Daz; and (c) the detailed content and drawings are as follows: (a) the disclosure method of the 2nd 5th Dazine to the publicized Invention 1-4 of Japan, which is open to the public 2nd 2nd 1986 - the 2nd 2nd 1986 Daz.

The heat treatment crisis at the time of heat processing of the container wafers is desirable, and the detailed contents are as shown in annex 4. (4) Invention 4 (No. 3-185831, A, published on August 13, 1991) Invention 4 (No. 6)’s Patent Gazette No. 185831, published on September 13, 1991)’s semiconductor equipment manufacturing method. The detailed contents and drawings are as follows; (5) Invention 5 (No. 5) Invention 5 (No. 201874 and No. 7) Invention 5 (No. 6) Patent Gazette disclosed on August 4, 1995) Invention 5 (No. 20187 and No. 7) invention with an outer container spreading method; and (4) invention with an outer contact with an outer container.

C. On November 21, 2003, the defendant assistant intervenor (1) filed an objection against the Commissioner of the Korean Intellectual Property Office on the grounds that the patent invention of this case is in violation of Article 29(1) or (2) of the Patent Act and Article 42(3) or (4) of the Patent Act and its registration should be revoked, and the panel of the Korean Intellectual Property Office examiners on the ground that the patent invention of this case is in violation of Article 29(1) or (2) of the Patent Act

9. 16. Revocation of the patent for the inventions of paragraphs 1 through 11, 27 through 43, 5 through 66, 68 through 75 of this case, and decision of maintaining the patent for the inventions of paragraphs 4 to 54 of this case.

(2) On October 21, 2005, the Plaintiff filed a petition for an appeal against the foregoing revocation with the Intellectual Property Tribunal. On this issue, the Intellectual Property Trial and Appeal Board rendered a trial by 2005No258 and dismissed the Plaintiff’s appeal on the following grounds: (3) on November 29, 2006, the Patent Trial and Appeal Board dismissed the Plaintiff’s appeal. (3) The summary of the grounds for the instant decision

Inventions 1, 11, 68, and 75 of the instant case are denied by comparisond Invention 1, and the nonobviousness of the instant inventions in paragraphs 2 through 4, 7 through 9, 27 through 43, and 69 through 71 of the instant case is denied by comparisond Invention 1. The nonobviousness of the instant inventions in paragraphs 5 through 66 of the instant case is denied by combinations with comparable Invention 1 and 5. In addition, in the claims of paragraphs 68 through 75 of the instant case, “the formation of the above DNA territory and the formation of the oxygen bed against the difference of the oxygen concentration in the above bedles” are not clearly indicated in Article 42(4) of the Patent Act and are thus inconsistent with Article 42(5), (6), (10) and (4) of the Patent Act, and the numerical value of the instant inventions in paragraphs 5 through 665 of the instant case is clearly indicated in the specification of the instant patent invention.

(4) The Plaintiff filed a lawsuit seeking revocation of the trial decision with respect to the entire trial decision of this case, but at the date of the second preparatory pleading, the Plaintiff reduced the purport of the claim by revoking only the part concerning the invention of paragraphs 28 through 31, 68 through 75 of this case among the trial decision of this case. Therefore, the subject of the trial of this court was limited to the part concerning the trial decision of this case concerning the invention of paragraphs 28 through 31, 68 through 75 of this case.

【Evidences Nos. 1 through 7, No. 1, and the purport of the whole pleadings】

2. Determination as to the legitimacy of the part concerning the invention of paragraphs (28) through (31), (68) through (75) of this case among the trial decision of this case

(a) Whether the technological composition of the Claim 28 of this case is inventive step (1) of the Claim 27 of this case, the technical composition of the Claim 28 of this case is subordinate to the Claim 27 of this case, and is at the center between the front, rear, and rear sides, the process of heat processing at least 0 percent (including the above 5th malodic concentration in the front, rear, front and rear sides) containing wafers in the distance (D) measured from the above front and the above front, and the wafers, containing wafers between the above center and the above surface, to ensure that the heat processing process is conducted in the subsequent heat treatment process, at least 0 percent (0 malovior) air-conditionings in the direction of the above 5th mal malodic (0 malodic concentration in the front, hereinafter referred to as "the above malodic concentration") and at least 0 percent (0 malo) air-conditioning in the direction of the above 2nd.

(2) The above 0th floor level of 0th floor and 0th floor level of 0th floor and 0th floor of 0th floor are composed of 0th floor and 0th floor of 0th floor and 0th floor of 0th floor and 0th floor of 2nd floor of 0th floor and 0th floor of 0th floor of 2nd floor of 2nd floor of 0th floor of 2nd floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 5th floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 2nd floor of 5th floor of 5th floor of 5th floor of 2nd floor of 2nd floor of 5th floor of 2nd floor of 2nd.

First of all, it is recognized that the composition 2-(2) of the comparable invention 1 is 'the composition to heating wafers above 1,200 chrologs by investigating the mines generated by the halogen light of the comparable invention 1, and the crologed 1,200 chrologs, and the comparison is 1,200 x 1,300 x 5 x x 2-2 of the comparison invention 1 - because the crologic temperature overlaps with the crologic temperature and heating level, the 'the crologic concentration is increased' due to the heating time and temperature overlap with the crologic value of the invention in the specification of the patented invention in this case. Moreover, it is merely a simple numerical factor that does not specify the crologic significance in the detailed explanation of the invention in this case, and it constitutes a "a person with ordinary knowledge in this case" or "a person with ordinary skill in this case.

In addition, 2- Composition 2- The structure and response to heating up to the temperature of 1,10C - 1,280C , and the heating temperature and time in implementation are 5 seconds from 280C , 10 seconds, 30 seconds from 200cc to 5 seconds from 1, 1,100cc from 1, 150cc from 10 seconds from 1,100 to 20 seconds from 10 seconds from 1,150cc, and 10cc from 1,20cc from 20cc from 1,20cc from 20cc from 1,20cc from 20cc from 1,20cc from 1,00 to 1,00cc from 1,00cc from 1,00cc from 30,000 from 1,00cc from 20 to 30cc from 1,000.

Next, 2- As a component of the atmosphere at the time of heat treatment, comparable invention 1 corresponds to the fluoric gas atmosphere of 0 high-speed gases, etc. However, comparable invention 1 contains nitrogen, but the fluoric gas includes fluoricsium, neons and arsens, etc., 21 can be easily selected from the fluoricsium 1'high-speed gas crisis of 0 high-quality fluoricsium 2- fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium fluoricsium flusium fluoricsium flusium fluoricsium flusium flusium flusium flusium

Therefore, Composition 2 can be easily derived from the combinations of comparable inventions 1 or comparable inventions 1 and 2.

(C) Composition 3

- Composition 3 is a component of cooling heating wafers heated by heating wafers, which is to manufacture wafers, in which the concentration of wafers is high density at the center level and the front direction is reduced in the front direction by cooling wafers heatd by heating 5° 5° 100. The concentration of wafers in wafers is to extinguish wafers on the surface of wafers by heating, reconditioning wafers formed by heating, and the concentration of wafers becomes high density before reaching the normal state at the center of wafers.

- Composition 3 is in response to the structure of the comparable invention 1 2.2°C/ the upper temperature, 2.2°C/ the rapid cooling at a speed above the second temperature, and to the temperature below 500°C/ Sector (Am. 3° 3° 1) higher than the rapid cooling speed of the comparable invention 2: The comparison invention 1 and 2 are in line with the structure of the heating of the heated wafers, which overlaps with the scope and speed of 3 and cooling temperature (the comparison invention 2 further overlaps with the cooling speed of 500° 500° Sector (Am. 3° 1,000° 7° 16.7° 16.2). The addition, the comparison invention 2 shows that the heat in the form of the heat in the form of the heat and the heat in the form of the heat in the form of 3 and the heat in the form of the heat in the form of the air condition. The same shall apply to the heat in the form of the heat.

However, the cited inventions 1 and 2 are designed to promote the formation of oxygen erosion by spreading, cooling and heating the oxygen inside the wafer to the outside, and do not mention the concentration condition of the wafers, but the external proliferation of the oxygen and the formation of the wafers within the wafers all occur by heating wafers, and the rapid concentration of the wafers formed in the wafers by accelerating the wafers is distributed equally to the surface floor and the center of the wafers by the wafers, and the same physical condition is also identical in terms of the nature of the material generated from the wafers in cases where the same physical condition is attached. Accordingly, comparable inventions 1 and 2, where the same physical condition is attached to the wafers, which are rapidly the same physical condition of the wafers in the wafers, shall be identical in terms of concentration with the wafers distribution in the wafer 3rd.

Therefore, Composition 3 is the same as the response composition of comparable invention 1 and 2. (D) composition 4

- Composition 4 is a composition of heat treatment of wafers, which is composed of heat treatment by heating wafers on the surface floor by treating waferer's surface floor and wafers made to exist with a waferer's concentration difference in bend floor in the temperature exceeding 750°C, and divers are formed on the surface floor, with didddwards formed on the bend floor and mainly dependent on the breaer's concentration.

The purpose of the heat treatment is to form a oxygen (tin-to-face nuclear power) with 3 hours and 20 hours’ low temperature from 800°C in order to measure oxygens (tin-to-art nuclear power) within wafers in the art of comparable invention 2. The detailed explanation of the invention in the specification of the patented invention is the same in that the scope of temperature of low temperature 800°C, which exceeds 4 hours’ temperature from 800°C in the process of heat treatment (S4) to 800° temperature in the specification of the patented invention, is the same in that the purpose of the heat treatment is to form a oxygen (tin-to-art nuclear power).

(3) Preparation for purposes and effects of action

The instant Claim 28 invention pertains to the manufacturing method of the waferer. The purpose and effect of the instant Claim 28 is to resolve the problems arising from other heat sources in the manufacturing process of the waferer by removing heat generated in the manufacturing process of the waferer from other heat sources in each waferer, instead of the waferer’s external distribution process, by making the concentration of the waferer to be fecoped in lieu of the waferer’s external distribution process, which forms the didrid area.

However, the cited invention 1 and 2 also appeared in the high temperature, which is the same physical condition as that of the Claim 28 invention of this case, which is the same as that of the Claim 28 invention of this case, and thus, the action effect appearing as a result is the same as that of the Claim 28 invention of this case. Thus, it cannot be said that the specificity of the purpose of the Claim 28 invention of this case and the substantial nature of the action effect is recognized. (4) Determination of the ease of combination is determined.

The Claim 28 of this case puts wafers at the high temperature of 1,175°C during a short period of time from the temperature of 1,175°C to the atmosphere of 60 seconds, but 5°C/First speed coolings at a low temperature of 5°C so that the surface and the bend floor level of the bend floor can be efacied, and reheacated at the temperature exceeding 750°C, thereby forming didddddines on the surface floor with a low level of 750°C, and the bruced water is to be formed on the bend floor with a high level of cy.

However, the technical field is identical to that of the subject invention 1, the prior art of the prior art 2, and the prior art of the prior to the application of the patented invention 2, recognizing that the combination of the heat processing technologies of the prior art 1, i.e., the heat processing technologies of the prior art 2, i.e., the heat processing technologies of the prior art 1, and the heat processing technologies of the prior art 2, i.e., the combination of the heat processing technologies of the prior art 1, i., the heat processing technologies of the prior art 2, i.e., the heat processing technologies of the prior art 2, and i., the heat processing technologies of the prior art 300 to 1, 300, and 200, i.e., the heat processing technologies of the prior art invention i, the heat processing technologies of the prior art invention i, i.e., the heat processing technologies of the prior art 1, 200 cc.

Therefore, the nonobviousness of the instant Claim 28 invention can be easily claimed by a person with ordinary skills combining comparable inventions 1 and 2. Therefore, the nonobviousness of the invention is denied.

B) Determination on the Plaintiff’s assertion

The plaintiff asserts that the invention of this case where the technical engineer of this case form the area of 8th floor and the 2nd floor should be recognized in the area of the invention of this case, the inventive step of which is not only the difference between the invention of this case and the technical engineer of this case, but also the technical engineer of this case, which form the area of divers forming the area of divers in the area of diversity in the surface floor and the diversary floor, and the defect of which the diversified invention 1 is in the state of over-curified in the heat diversified 2, and the defect of which is in the state of over-curified in the diversary diversary 2, and the defect of which is the defect of over-curified in the shape of the divers, is not only the difference between the invention of this case and the technical engineer of this case, but also the technical engineer of this case which form the area of divers forming the area of divers through the external process.

However, in the case of comparable inventions 1 and 2, it seems that the beer is involved in the formation of an industrial beer in the area of beer. In the case of comparable inventions 1, the existing process of spreading outside the beer and differentiated from the process of spreading outside the beer, which requires a process of heating over a long time by conducting rapid cooling again in the same way as the invention of paragraph 28 of this case, under the recognition that the beer concentration is equally formed to the beer by heating.

In addition, in the case of comparable invention 2, the two kinds of "slateral occupancy defects" and "slateral occupancy defects" are as follows: the two types of "slateral occupancy defects" and "slateral occupancy defects" are as follows; the two types of occupancy defects are as follows; from the five methods of implementation, 1,200 x 5 seconds after the heat between 1,00 x 5 seconds x 00 x 1,00 xin (6.7 x 16.7 x x )", which are coolingd with 1 x 10 cm and 20 x 1, and 200 cm, it is difficult to conclude that it is natural that it is less than 2 mlateral occupancy defects, including 1,200 marcheric occupancy defects, and that it is less than 1,000 marcified from the existing one.

Even if the prior art provided in the judgment of inventive step of a patented invention is not only clearly expressed the entire technical composition, but also can be compared to the patented invention of this case to the extent that ordinary technicians can easily grasp the technical content in accordance with technical or empirical rules (see, e.g., Supreme Court Decision 2004Hu2307, Mar. 24, 2006). The remaining technical composition, excluding the defective number, can be compared to the patented invention of this case within the extent where it is clear.

However, the technical concentration of comparable invention 1 and 2, which is widely known in the area of 2 or more different from that of comparable invention 1, is the same as that of the 2 or more different from that of the 2 or more different from that of the 2 or more different from that of the 2 or more different from that of the 2 or more different from that of the 2 or more different from that of the 1 or more different from that of the 2 or more different from that of the 1 or more different from that of the 1 or more different from that of the 2 or more different from that of the 2 or more different from that of the 1 or more different from that of the 1 or more different from that of the 2 or more different from that of the 1 or more different from that of the 1 or more different from that of the 2 or more different from that of the 1 or more different from that of the 1 or more different from that of the 2 or more different from that of the 1 or more different from that of the 2 or more different weather.

Therefore, the plaintiff's above assertion is without merit.

B. Determination as to the inventive step of the invention of paragraphs 29 through 31 of this case (1) of this case

The instant Claim 29 invention is a subordinate claim to the instant Claim 28 invention, and the heat treatment atmosphere is mainly limited to “Arhne or healthium method”. However, as for the heat treatment atmosphere on the comparable invention 1, the technical composition of “highly active gas atmosphere, such as nitrogen, gas, etc.,” appears to have been made with respect to the heat treatment atmosphere on the comparable invention 1, and as hhne and healthium are the kind of inflammable gas, the composition of the heat treatment atmosphere on the instant Claim 29 invention is possible by selecting hume, healthium, which is the kind of inflammable gas, from the comparable invention 1.

Therefore, the nonobviousness of the instant Claim 29 invention is denied. (2) Determination on the instant Claim 30 and Claim 31 invention

The instant Claim Nos. 30 and 31 limit the cooling speed to the subordinate port of the instant Claim No. 28. The instant Claim Nos. 30 provides that “The cooling speed shall be at least 50 %) per annum within the temperature which is relatively flexible in the de facto container.” The instant Claim No. 31 restricts only the cooling temperature to “at least 100 %) once again.” However, considering the detailed description of the invention in the specification of the instant Claim No. 31, the scope of the instant Claim No. 31 differs from the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e.. the e............................

In addition, with respect to the value of the cooling speed, 2.2C / 10 higher than the upper temperature of the cited invention 1, 2.2C / 10 higher than the temperature of at least 500cc / 100 higher than the temperature of at least 200cc / 200cc / 100 higher than the temperature of the comparable invention 2, and the comparable invention 2, 3.0cc / 1,000 / 16.7 / 16.7 / 16.00 / 16.31 of the instant case, 30cc / 100. Furthermore, with respect to the technician on the adjustment of cooling speed of the technical engineer on the comparison invention 1, 200cc / 100.

The generation density is 0.0 ... It is 0 ... 0 .. 0 . 0 . . 0 . . 0 . . 0 . 0 . . 0 . . 0 . . 0 . . . 0 . . 0 . 0 . . 0 . 0 . . 3 . . 0 . 0 . 0 . 0 . 0 . 0 . . 0 0 . 0 . 0 . 0 . 0 . 5 0 . 0 . 0 . 0 . 0 . 0 0 . 0 . 0 . 5 0 . 0 . . 1 . . . . . . 1 . . 1 . . 2 . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . ..... .. ....... .. . .... . . ... . ....... . ........ . ....... ...... .. ............ . . .... ...... .... . .. ... ..... .............. ........ ..... ....... ................... ...... ......... ........... . . ............ ..... . .. ....... ...... ........... ................................................... ........................ .............................................................................

Therefore, the nonobviousness of the instant Claim Nos. 30 and 31 is denied.

C. Whether the technological composition of the Claim 68 invention of this case (1) consists of "(68) invention of this case consisting of "(1) invention of this case consisting of a single-decision : on the front, rear, the center between the front and the rear sides, the center between the above front and the rear sides, and the surface (D1) of the waferer between the front and the above front at a distance of at least 10 meters (D1) above, including the first area of the waferer between the above front and the above center, and the second area of the wafer between the above center and the first area (hereinafter referred to as "Composition 1"), and "the b.e., the b., the b. d. d. d. e. e. , the e. chine concentration on the upper floor and the upper part of the b. d. d. d. e. e., the e. e. e., the e. stecul of the upper floor.

(2) The composition of the invention of this case (1) is limited to 10§¯ the distance of the surface surface of the general wafers with the surface of the 68th floor by comparing the technology composition (2). It is also possible to distinguish the surface of the wafers from the surface surface of comparable invention 1 and 2, even in comparison with the wafers, to form the wafers on the surface surface of the wafers and to form the wafers and to form the wafers infics and to form the wafers infics and to form the wafers infics and to form the wafers infics and (2) the wafers and infics and infics and infics, the wafers and infics and infics and infics and infics and infics and infics and infics and infics and infics and infics and infics.

However, as seen earlier, as long as the instant Claim 28 invention could easily be derived by the combination with the comparable invention 1 and 2, it can be easily derived by the combination with the comparable invention 1 and 2, the composition of the instant Claim 28 invention, i.e., the concentration of a oxygen cluster or sediment in the bend floor, is mainly dependent on the concentration at the bend level in connection with the instant Claim 28 invention.

At the same time, it does not mention that “the formation of a Hend domain and the formation of a Hendide bed shall not depend on the difference in the concentration of oxygen in the territory of wafers in the territory of wafers.” However, this does not refer to the DNA domains and oxygen bed, which are formed on the surface floor and the bed floor of wafers, and the nature of the invention of paragraph 28 of this case, focusing on the concentration of wafers.

Section 68 of the instant case is merely an expression by changing the same nature as it explains that the difference in the concentration of oxygen existing in each area depends on the concentration of oxygen, not based on the existing external spread process.

Therefore, Composition 2 can be easily drawn up by combining comparable inventions 1 and 2.

C) Judgment on the Plaintiff’s assertion

1) The Plaintiff asserts that the invention of paragraph 68 of this case is an invention of an article, and that the manufacturing method of the waferer stated in the specification of the patented invention of this case, which is not indicated in the claims, is identical to the manufacturing method of the waferer in comparison with the cited inventions, and thus, the product is not identical to the invention. Thus, the Plaintiff’s newness and inventive step cannot be denied.

In comparison with a patented invention that contains a description that intends to specify an object due to a scam, character, or characteristics, or a comparable invention that specifies an object due to any other character or characteristics, etc., where the nature or characteristics stated in the claim of the patented invention are different from those in response to the comparable invention as a result of conversion, which can be converted into those in accordance with a different definition or method of measurement, or where the detailed form of practice and the specific form of practice of the comparable invention are identical or similar to those stated in the detailed description of the specification of the patented invention, barring any special circumstance, both inventions shall be deemed as identical or similar only to technical expressions of the invention, and thus, it is difficult to recognize newness and inventive step (see Supreme Court Decisions 2001Hu2207, Apr. 28, 2004; 2001Hu2658, Jun. 28, 2002).

As to the instant invention, the Plaintiff’s 68 invention is a single-determined container wafered by the nature (a) or nature of the instant invention. The detailed description of the invention in the specification of the instant invention is merely a single-determined waferer with such nature as above, and the waferer made by the manufacturing method has the same nature as that of the instant 68 invention. Thus, the waferer manufactured by the instant 28 invention has the same nature as that of the instant vegetative invention, and the waferer with such nature can easily make an invention by combining the manufacturing methods indicated in the 68 invention 1 and 2. Thus, the inventive step of the instant 68 invention is denied since the Plaintiff’s vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative veget.

(3) Arrangement of the results of preparation

As seen above, the Claim 68 invention of this case is an object of the same nature as the net container wafer, manufactured by the Claim 28 invention of this case, and can easily be seen by a person with ordinary skill by combining Claim 1 and Claim 2, such as Claim 28 invention of this case.

In addition, the nonobviousness of the instant Claim 68 is denied.

D. Whether the invention in paragraphs 69 through 75 of this case is inventive step (1) of this case, the invention in paragraphs 69 through 71 of this case is subordinate to the invention in paragraph 68 of this case. The invention in paragraph 69 of this case is limited to "D1 is at least 20cm waferer", "D1 is at least 50cm waferer", and the invention in paragraph 70 of this case is limited to "D1 is at least 30cm waferer between 10 and 100cm waferer". This is merely limited to a specific figure in the depth of the surface surface of the invention in the detailed description of the invention in this case. However, there is no evidence that the numerical value of the invention in paragraph 69 of this case can be specified differently in the numerical value of the numerical value of the numerical value in the detailed description of the invention in this case.

Therefore, the nonobviousness of the instant Claim Nos. 69 through 71 is denied by combining the instant Claim Nos. 72 through 74 inventions with comparable Invention No. 68 through 71, as it is not recognized as a critical significance of numerical significance of numerical value, which is its characteristic composition. (2) The instant Claim Nos. 72 through 74 inventions cause subordinate claims to the instant Claim No. 68 through 71 inventions.

As a result, paragraph 72 invention of this case is "wafers whose social acid concentration at a distance of more than 3§¯ from the surface of wafers is at least 50% of the social oxygen concentration in the wafer layers," and paragraph 73 invention of this case is "the personal social oxygen concentration at a distance of more than 10cm from the surface of wafers, which is at least 80% of the personal social oxygen concentration in the above wafers within the wafers," and paragraph 74 invention of this case is "the 4th invention of this case is no more than 151mm from the surface of wafers, and it is no more than 90% of the wafers’ numerical concentration in the specific wafers which is to be implemented by the 4th invention of this case and no more than 7th invention of this case."

Therefore, the nonobviousness of the instant Claim Nos. 72 through 74 is denied based on the combination with comparable inventions 1 and 2.

(3) Claim 75 invention of this case

Invention 75 of this case is a dependent claim of Claim 68 to Claim 71 of this case, and it is more limited to “waferer wafer including Eit social stories on the waferer surface.” Since Epax social (epax) floors grow up on the existing actual container wafer surface, they have characteristics that can control the concentration and type of scarcitys with less than the existing actual container waferer and less than the existing actual container waferer. However, the process of forming the “Illst social story on the surface of the actual container 4 was initiated,” which is composed of “Ilst social storys on the surface of the map 1, which is formed on the surface of the Niter area, and thus, the urbanized invention of Claim 75 of this case is identical to the characteristics of Claim 4 of comparable Invention 7 of this case.

Therefore, the instant Claim 75 invention can be described by easily combining ordinary skilled persons with comparable inventions 1, 2, and 4. As such, the nonobviousness of the invention is denied.

E. Sub-decision

Inasmuch as both the inventions of paragraphs (28) through (31) and the inventions of paragraphs (68) through (75) of this case are denied non-obviousness and their registration of patent should be revoked, the trial decision of this case, consistent with the conclusion, is justifiable.

3. Conclusion

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

The presiding judge's seat

Judges Kim Jong-soo

Judges Kim Jong-soo

Attached 1. Claims and principal drawings of the instant patent invention

1. Claims;

1. The above-mentioned front and the above-mentioned front and the above-mentioned fronts, all on the back, on the back, of the claim 27.

including the waferer territory between the distance measured from the front to the above-mentioned (D)

the upper floor, and the upper floor and the upper floor, including the waferer territory between the above-mentioned surface and the above-mentioned surface.

Opening and disposing of wafers, including but not limited to any decision-making pulse wafers - follow-up treatment such as above

In the heat processing process, affecting the volume of the inflows of the mountain within the aforesaid wafers ( bengvior)

The above surface floor and the above floor in the method of manufacturing waferers, including Habre - B,

corporation, in order to form a chronic chronic chronic chronronic chronic chronronic chronic chronic chronic

The concentration in the guidance, and on the center above shall be the eak density, and in the direction of the front of the wafer above:

For the purpose of manufacturing wafers with concentration profilings in the Bencon with a decrease in concentration, the column above

include the stage at which the cooling speed of the processed wafers is at least 5°C / the beginning, and shall include the stage at which the cooling speed of the processed wafers is adjusted;

As a result, 750cc. due to the difference between the above surface floor and the VAC concentration above 750cc.

In the above temperature, the above wafers shall be heated to the above wafers on the surface floor; and

may be formed and may form a mountain cluster or a sediment in the above bed floor;

In addition, the concentration of a oxygen cluster or sediment on the bed floor above is primarily afford in the bed City above.

The method of manufacturing waferers dependent on the Do.

2. For claims 28.27, the part of a oxygen which is less than the 5,00 pma at the above heat treatment stage.

During the shorter period of 60 secondss within the atmosphere (atsphere) containing oxygen with pressure, 1,175C 1,175C

By up to the temperature above the above wafers the steps of heating the above wafers.

3. In Claim 29.28, the method in which the above atmosphere is mainly ale or hium in the above atmosphere.

4. In regard to claims 30.28, the said cooling speed shall be in the solid container at the rate of the fixed e-rayer.g.

The method is at least 50°C within the relatively dynamic temperature.

5. In regard to claims 31.28, the said cooling speed shall be in the solid container at the rate of the fixed e-rayer.g.

The method is at least 100°C within the scope of the relatively flexible temperature.

6. The above-mentioned front and the above-mentioned front and the above-mentioned front of the claim 68. The above-mentioned front and the above-mentioned sub-sections

The above-mentioned fronts and the above-mentioned fronts are measured from the above-mentioned fronts.

The surface floor, including the first territory of waferer between the distance (D1) of at least 10cm, and the center above

Preambles, including the Second Fields of wafers between the Area A above, shall be subject to such penalties

B. Batch concentration on the Catch floor greater than the Vatch concentration on the surface surface above.

As a result, the heat treatment of a acid shall be carried out as a result, with a brupter of the distribution of Korea.

Myeon, on the above surface floor, a DNA territory has been formed, and on the above floor, a oxygen sediment has been formed.

and, in addition, the formation of the above softend territory and the formation of an industrial bed in any of the above cream layers

It is characterized by what does not depend on the difference in the concentration of oxygen in the above territories of the wafers.

on the basis of the decision-making net waferfers.

7. For claims 69.68, the above D1 shall not be less than 20§¯.

8 In claim 70.68, the above D1 shall not be less than 50cm.

9. For claims 71.68, the above D1 is between 30 and 100m wafers.

1. For claims 72.68 to 71, the surface of the said wafers, either of the claims

The concentration of man social oxygen in a distance greater than 3cm from the above more shall be the social acid in the above more floor.

wafers which are at least 50% of small concentration.

1. For claims 73. 68 to 71, a copy of the said wafer in any of the above paragraphs,

ter 10cm social acid concentration in a distance greater than 10cm

wafers which are at least 80% of small concentration.

2. For claims 74. 68 to 71, a copy of the said wafer in any of the above paragraphs,

ter 15cm social acid concentration in a distance greater than that of 15cm

wafers which are at least 90% of small concentration.

3. For claims 75.68 to 71, either of the abovewafers shall be subject to either of the above paragraphs.

wafers, including E-House social stories on the surface of the wafers.

(4) Claims 1. through 11. Claims 32. through 6. (Re-Omission of Claims)

(5) Claims 12. through 26. Claims 67. (Elimination)

2. Main drawings;

Article 1 (Drafting Map of Method of Patented Invention of this case)

* Drawings Code: 1.wafers, 3.wafers, 5.wafers, 7. The central surface of wafers, 9.

A person shall be appointed.

OFFE, 13. Betacon City, 15, 15 DFE, 17. MFE, T, T, and D.

depth of the Area

2. Main contents and drawings of comparable inventions 1;

1. Main contents;

(1) internals generated in an unequal manner on the machine board of a single decision-making net wafers, which are raised by the Grassland Ski Act;

In order to prevent the deterioration of the nature of the wafers by defects (precinates, etc.) (decinates, etc.)

the purpose of this chapter.

(2) To investigate the mines generated from croc lamps and halog lamps lamps on the semiconductor cell board; and

1. Internal defects introduced at the time of fostering the net containers by heating wafers above 200°C

The generation nuclear power is most extinguished and new high concentration is generated at the bioconcule.

(3) The occurrence of a new internal defect by cooling at a speed above 2C/ the beginning of the heat up to the normal temperature.

The introduction of nuclear technology is controlled, and the original beeutic City is dynamic to the state where it is equally distributed in the flag.

(4) The heating method is high temperature compared to the spread by using halog lamps and halog lamps as heating method.

It is possible to open, and the temperature rise rate is high, and the heating time may be reduced, and the altitude may be high.

It is desirable to heating in the scarcity gas crisis such as nitrogen gas, etc. The reason is why it is reasonable to do so.

In order to increase the external proliferation of cattle, pollution is reduced by the atmosphere of heating.

(5) The density of the internal defect shall be subject to the conditions of disposal, such as the heating temperature and speed of the net container board.

It is possible to control piracy.

(6) In the event of an unequal internal defect introduced at the time of fostering a decision on the replacement of actual containers by implementation of this invention.

The nuclear power shall be extinguished most of them, and shall be in the case of Benerecon, where new high concentration is distributed equally.

The board of piracy shall have equal inside defects in the process of manufacturing DNA products, and shall be on the surface adjacent to the surface.

Dbrates activity area reduces the level of carbon concentration between people, causing internal defects to disappear, and is the defective area (diar).

D) It is hereby formed.

(7) For example 1, in the atmosphere of nitrogen gas, 1,300 %) heating 5 minutes per heating method.

It is easy to start, and the internal defect is uniform in the net container board by such heat treatment.

by forming such terms that it may contribute to the improvement of the characteristics of the DNA formed on the wafers.

shall have commenced.

2. Main drawings;

Drawings 1 (heating Devices of Integrated Containers) 2. Drawings and drawings representing internal defects in the net container 2.

A An example, drawing B, of comparable Invention 1, shall be the previous example.

(A) (B)

A person shall be appointed.

Attached Form 3. Main contents of comparable Invention 2

(1) On the surface of a waferer, the failure to make a decision and the failure to meet the internal decision-making defect layer; and

The heat treatment conducted prior to the formation of the due waferus, which would constitute the above-mentioned defective quarcs (san)

The purpose of this study is to reduce heat treatment time for forming a sediment (sediment).

(2) At 1,200C 1,200C 1,000 p.m., 200 p.m. wafers

1 x 107 / c cm, empty hole defect (beer ) 1 x 105 / 105 cm, and 600 cm defect

1 x 1016 /cm, and an empty hole occupancy defect 1 x 105 /cm, and the defect in question exists in an open space, and the defect in question is tin.

Since it significantly contributes to the promotion of the formation of nuclear power, in the form of heat in high temperature by cooling wafers.

By allowing a large quantity of defects that exist in large quantities from low temperature to sporadified, the low rupture of rupture nuclear power

The heat processing process is conducted to promote the nuclear formation of tin-out nuclear power as a nuclear defect due to excessive spreading of a large quantity of heat;

may be significantly reduced between them.

(3) 100°C 1280°C 1280°C 500°C 500°C 500°C 500°C

by heating at a high temperature up to not more than C 20·C/ above molecular speed, and by heating at a high temperature.

Decision-making defects in making it possible to contain the defect that exists in a type from low temperature to sporadified, so as to contain the defect in sporessing.

It shall manufacture waferers with a rapid rate of formation of tin-to-date nuclear power on the upper floor.

(4) In the event that the heating cooling conditions are various, and after which they are distributed within wafers, they are defective and defective.

tin after conducting heat treatment that maintains waferfers which have undergone 800°C for 3 hours and 20 hours;

It is shown in the following table to measure the cryptivity of the nuclear power.

A person shall be appointed.

A person shall be appointed.

Attached Form 4. Main contents of comparable Invention 3

(1) by extinguishing an oxygen nuclear material on the surface of the net container manufactured by the Grassland Ski Act.

The purpose is to provide a method of strengthening the voltage of the destruction of the smoke resistant container with the aim of strengthening the voltage.

(2) Any room manufactured by the Grassland Ski Act at a high temperature of at least 1,050 degrees in the atmosphere of incombustible gas;

When heating container wafers, the source of a multilateral oxygen shall spread and release them from the surface of the wafers; and

The respective concentration decreases on the surface of the wafera by spreading the wafera wafera, thereby lowering each concentration;

The prescribed number of members of punched punched puncture is smaller than that of members of punched punifieds, as soon as possible.

Emarity shall reach the level of emarity, and the concentration of the source of the emarsene or emarc acidist shall be flat;

If the concentration reaches the concentration, the separation of the compound between the original of the pins and the original of the pins shall begin.

(3) If the atmosphere is a productive atmosphere, such as oxygen gas, it shall grow up on the surface of the waferus.

(1) A person who has become an obstacle to the proliferation of the outflow of such a person and is supplied in an atmosphere gas;

It does not lower the concentration of lunified lunified lunified lunifieds below the level of square concentration.

(4) In the case of a nitrogen gas with the atmosphere, the external proliferation of a remotely active gas source is in the atmosphere of non-active gas.

In the same form as the case, the concentration of lusium sources is reduced, on the other hand, the surface of the wafer.

As a consequence of the qualitative reaction of the picotic compound, the picul public injecting the piculer inside the wafer, thereby injecting it into the pulse public.

the concentration in this chapter shall increase.

(5) The amount of 0.1 pm low in stimult gases specified on the upper roads used for industrial purposes.

A lawsuit contains a large amount of hydrogen, and a pulse wafers among active gases containing a small amount of oxygen

(2) On the other hand, the reaction between the gas and the gas to produce SiOgas is underway, resulting in the reaction between the gas and the pulse.

The surface tit (pit) shall take place with a word "pit" surface of pit waferfers.

5. Main contents and drawings of comparable inventions 4;

1. Main contents;

450°C - 600°C - The process of maintaining the net container board below 8 hours in the temperature area of No. 1, and 750°C

C- - The temperature area of No. 900°C up to the temperature area of No. 2 by a speed of less than 5C/ Sector and of No. 2

The characteristics of the formation of the eromatic social layer on the surface of the erocon sign after maintenance, and the sign board;

면에는 에피택셜 층과의 경계면 밑에서 10µm 정도의 무결함 층이 형성된다 .

2. Main drawings;

1. Drawings 1 (Expansive Subdivision of Practical Containers)

A person shall be appointed.

Attached Form 6. Main contents of comparable Invention 5

(1) Disseminating to fully open big acids in the net container board organized by the Grassland Ski Act;

at the same time, the heat processing method that can be filled by the applicant of the contact at the same time

purpose is to improve the internal pressure of semiconductor actors which are integrated by providing them;

(2).

(2) In the past, the temperature to 1,100·C shall be the temperature of wafers by means of indivating the inner part of the net container with a defect.

In the atmosphere of the U.S. Sovicalled U.S. and later, in the atmosphere of the U.S. Sovietic gas crisis of the U.S. Sovietic acid

The nuclear defect in the temperature of 600 - 800 '800 'C' is spread to the outside, and then in the event of the invirative gas crisis.

The method of creating a rushing was used, and the high temperature heat treatment is high if the pressure of a oxygen is high.

In general, a pateral acid shall be formed on the container board of a pateral acid in order to form a pateral acid.

It is not carried out due to the spread of the outer space, and the punishment shall be imposed on the plate of the actual container at the Berne City, which occurs at the time of high temperature heat treatment.

Ben on the surface of the net container because it has not been cut off by a shotos and has not been spreaded out.

There was a problem that the consensus remains.

(3) The invention shall be admitted in the performance of heat treatment with temperature above 1,100 %) 1,00 cc of the net container.

At least the controlling stage of the external expansion of the entire acids by making the route up to the twitching crisis.

VOmax of the maximum amount of pressure from oxygen = 1.55x10 (3-0.00313T) (T has been treated by heat.

Do) Promotion of the proliferation of oxygens by conducting heat treatment by establishing not more than Do) and further heat treatment;

public and first included in such a manner as to be incurred by the proliferation of a large-scale complaint;

As a result of the mershing by the public, the area near the surface of the container shall be decreteized so as to make it defective.

As the internal pressure of semiconductor devices is improved, the rate of the manufacture of semiconductor devices shall be improved.