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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. (1) On February 15, 2016, the Defendant asserted that the nonobviousness of the instant patent invention as indicated in paragraph (b) is denied, and the Plaintiff filed a petition against the Intellectual Property Trial and Appeal Board for a trial on invalidation of the instant patent invention as to the instant patent invention under the Intellectual Property Trial and Appeal Board No. 2016Da371. (2) As to April 19, 2017, the Plaintiff filed a petition on April 19, 2017 with the Intellectual Property Trial and Appeal Board for a trial on invalidation of the instant patent.
B. (4) A correction request was made to the effect that the correction was corrected as stated in paragraph (4) (hereinafter “instant correction request”).
(3) On May 31, 2017, the Intellectual Property Tribunal dismissed the remainder of the part of the instant patent appeal against the Defendant on the ground that “A claim 1, 2, 3, 5, and 6 of the instant patent invention was lawful upon the instant request for correction, but the claim 1, 2, and 5 of the instant patent invention as corrected by the instant request for correction was deleted. Pursuant to the cited Invention 1, 3, and 5, claims 3, and claims 8, 9, 11, and 12 pursuant to the Cited Invention 1, 3, and 6, Claim 10 is denied by the Cited Invention 1, 3, and 6, Claim 13 is deemed non-obviousness by the Cited Invention 1, 2, 3, 5, and 6 of the instant trial decision.”
B. The Plaintiff’s title of the instant patent invention (Evidence 3) invention: MPS is the abbreviation of Multi Dep Pet MPS. The filing date and its operating method 2) / the registration date/registration number / the registration number: January 18, 2013 / No. 10-140173) claims (the correction was made by the instant request for correction, and the bottom part was corrected.
【Request 1】 Claim 200 Trackers (200) moving in one direction and moving freight in a direction different from that of the stack (200), which is moving in one direction from that of the stack (200).