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(영문) 특허법원 2019.05.23 2017허6378
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 3, 2016, the Plaintiff asserted that the nonobviousness of the instant claim prior to the correction of the instant patent invention is denied, and the Plaintiff filed a petition against the Defendant, the patentee, for a trial on invalidation of the instant claim under the Patent Tribunal No. 2016Da539 (hereinafter referred to as “instant petition for trial”).

(2) On January 11, 2017, the Defendant filed a request for correction to correct the claim 1 of the instant patent invention and to delete the claim 8 (hereinafter “request for correction of this case”).

(2) On July 28, 2017, the Korean Intellectual Property Trial and Appeal Board recognized the Defendant’s correction of the instant patent application lawful, dismissed the part regarding the claim 8 of the instant patent invention among the Plaintiff’s instant petition for trial, and dismissed the remainder of the instant patent invention.

Accordingly, the Plaintiff filed the instant lawsuit seeking the revocation of the foregoing dismissed part among the instant trial decision.

3) On January 22, 2018, where the instant lawsuit is pending, the Defendant filed a petition for correction to correct the claims 1 of the instant patent invention, including correction under the Patent Tribunal No. 2018No. 13, and the Patent Tribunal filed a petition for correction of correction to add the claims 1 of the instant patent invention, and the Patent Tribunal cited the petition on January 31, 2019 (hereinafter “instant correction trial decision”).

(B) The instant correction trial decision was finalized at that time. B) The title of the instant patent invention (Evidence A, No. 1, 2, 9): D2); the filing date/registration number; the filing date/patent G3: the patentee: Defendant 4 (the corrected by the confirmation of the instant correction trial decision; the bottom part was corrected) claims (the corrected by the confirmation of the correction trial; the bottom part was corrected.

【Request No. 1 【C. 1’s original body form the body body body body body body body body form the body body body body of which is made of a claim No. 1. The surface of this case is to cut off from smoke or flames in case of fire (hereinafter referred to as the “entent body form”).

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