205Heo1653. Nullification of the registration (specific)

Co., Ltd. 000

Yanyang-si Yanyang-do Eup

Representative Director 000

Attorney Hong Sung-sung et al., Counsel for the defendant

0 0 Stock Company

Kimpo-si High Village of Kimpo-si

Representative Director 000

Patent Attorney Kim Jong-tae, Counsel for the plaintiff-appellant

November 25, 2005

December 16, 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 January 28, 2005 on the case No. 2003Da20777 shall be revoked.

1. Details of the trial decision;

A. The Plaintiff filed an application on January 12, 2002, and ( March 21, 2001, 2001) was the patentee of Domins antenna with multiple structure as stated in attached Form 1, which was registered as a patent on September 23, 2003 (hereinafter the instant patent invention). The Defendant filed a petition for a trial for invalidation of registration on the ground that the instant patent invention was identical to the specification and drawings initially attached to the comparable invention as described in attached Table 2, which was filed before the date of priority claim for the instant patent invention and disclosed after the date of priority claim.

B. The patented invention of this case is characterized by the characteristics of using the inner space of the patented invention of this case in the comparable invention with the structure of the lower-rise body board (130), middle floor surface board (120), and upper floor surface board (110), which is substantially the same as the patented invention of this case, as the patented invention of this case, with the composition of the lower-rise body board, middle floor surface board, and upper floor surface board of the patented invention of this case, and with the composition of the lower-rise body board (10), and the lower-rise body board of the patented invention of this case and the lower-rise body board of the patented invention of this case which are substantially the same as the upper-rise body board of the patented invention of this case, on the ground that the composition of the lower-rise body board of this case and the lower-rise body board of the patented invention of this case is substantially the same as that of the patented invention of this case.

【Evidence: No dispute between the parties

2. Determination as to the legitimacy of the trial decision

A. The plaintiff's assertion

The patented invention of this case is composed of 1, 2, 1, 2, 2, radioactive wave pipes, etc., which form the lower-rise body board and the second upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper part of the corresponding patented invention, and the corresponding patented invention of this case is composed of 1, 2, 2, 1, 2, 3, 2, 2, 2, 3, etc. with the upper upper upper upper upper upper upper upper upper part of the corresponding upper upper upper upper upper upper upper upper part of the corresponding upper upper upper upper upper upper part. On the other hand, the patented invention of this case is composed of 1,200 square meters from the upper upper part of the corresponding upper part of the corresponding upper upper part, and is not composed of the upper upper upper part of the outer upper part of the comparable invention with the upper upper part of the outer upper part.

B. (1) The instant patent invention consisting of a outlined comparison between the instant patent invention and the instant patent invention with the comparable invention (1) is as follows: (a) the upper floor board (10); (b) the upper floor board (120); and (c) the lower surface board (130); (d) the passage through which radio frequencies can be released without external leakage; (112) the upper floor board of the instant patent invention consisting of a large number of slot lines (113); and (e) the upper floor board of the instant patent invention consisting of a 2nd floor board of the instant patent invention with the upper upper floor (113); and (e) the distribution of radio frequency plates in the upper floor and the lower body board of the instant patent invention through the combination of the upper floor and the lower body board (121); and (e) the distribution of radio frequency plates in the upper floor and the lower body board of the instant patent invention with the lower body of the instant case, and (e) the structure of the lower body of the instant patent invention is composed of 3rd.

(2) Determination.

First of all, with respect to the combined structure of the instant patented invention and the lower-rise (130) and the lower-rise (120) of the instant patented invention, the combined structure of the lower-rise of the instant patented invention with the lower-rises (10) or the lower-rises (20) is a large structure, such as painting and Twits, a passage generated by combining the lower-rises of the instant patented invention with the lower-rises and the lower-rises of the instant patented invention. However, with respect to the instant patented invention, there is no difference between the lower-rises and the lower-rises of the instant patented invention and the lower-rises of the instant patented invention in terms of the direction-setting of the lower-rises and the lower-rises and the lower-rises of the instant patented invention in terms of the size of the lower-rises and the lower-rises and the lower-rises and the lower-rises and the lower-rises and the lower-tier (21) of the instant patented invention are deemed to have existed.

Next, with respect to the combined structure of the upper floor board (10) or the upper floor board (30) of the instant patent invention and the comparable invention, the combination of the upper floor board (110) or the slick board (30) is formed at the lower part of the upper floor board of the instant patent invention. On the other hand, while the upper floor of the instant patent invention is formed at the upper part of the instant upper floor (113) by means of the combination of the upper floor board and the upper floor board (110) or the slick board, it is difficult to view the upper floor of the instant patent invention as a combination of the upper floor board and the upper floor board, regardless of its location, that there is a difference between the upper floor board and the upper floor board and the upper floor board and the upper floor board that are widely known to the upper part of the instant patent invention and that the upper part of the instant patent invention cannot be seen as forming the upper part of the radio frequency level and the upper part of the instant upper part of the instant patent invention.

Finally, as the Plaintiff asserts that there is a large number of stones (111) that protruding the upper upper part of the upper upper part of the instant patent invention and the slot portion of the comparable invention, and that the instant patent invention was composed of slot (112) and slots (groves, 32) on the home that entered into the upper part of the upper part of the instant patent invention. However, as the Plaintiff asserts, a number of lubs (groves, 32) formed by slots (34) from the slot plates of the comparable invention.

A. Priorly, the Defendant uses a pattern as a home that has relatively been used in comparison with the surrounding composition in the antenna field. The distribution pattern (baff, 36) refers to a shooting wall in advance, and the detailed description of the comparable invention indicates that the distribution range angle is narrow so as to increase the antenna receipt profit. If the distribution range does not stick more than the distribution range, it is difficult to increase the antenna receipt profit by narrowing the beam angle (Articles 3, 4, 3, 9, and the purport of the entire pleadings) of the instant patent invention, and as such, the distribution of the distribution on the upper upper part of the instant patent invention is the same as the distribution of the comparable invention, and the home between the brick donation and the upper part of the comparable invention of the instant patent invention is the same as the distribution of the upper part of the comparable invention.

C. Sub-committee

Therefore, the patented invention of this case is deemed null and void in the same manner as the specification and drawings initially attached to the comparable invention application. Thus, the decision of this case, which is the same conclusion, is lawful.

3. Conclusion

The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Sung-ho

Judges Lee Jae-chul

Judges Park Jeong-hee

Site of separate sheet

1. Patent invention of this case (registration No. 400657);

1. Claim 1. Emission of radio frequencies through slots, and radio frequencies will be emitted through the entire sprink and sprink;

in the antenna consisting of strings, radioactives, and slot plates to ensure that they are strings, normally strings;

The loss of radio frequencies formed by the Ro and the Domar and received through the 1st radio frequency above and the Domar.

the lower-rise body board formed by a multi-faced part of the radiation wave station for the purpose of

Part II, linked to the upper part of the lower-rise and upper part of the lower-rise and upper part, linked to the upper part of the lower-rise and the first radio frequency part;

Pipe and 2nd transmission lines are formed by pipes and 2nd transmission lines, and the radioactive home connected to the upper part is formed by the upper part.

The upper floor of the upper upper floor and the upper part of the upper floor shall be punished by a stone at prescribed intervals.

shall be placed at prescribed intervals and shall be connected to the upper part.

The number of slots is formed, and if there is a number of lots of glicks in the form of glicks, it shall be formed at prescribed intervals.

upper, upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper parts;

Multi-united antenna with multiple structure, which is characterized by a studio-market.

Article 2 (Elimination of Claims)

3. Claims (Elimination)

4. Claims (Elimination)

Article 5 (Request for Elimination)

Article 6 (Elimination of Claims)

Article 7 (Elimination of Claims)

Clim 1 Fordembling 1 patented invention

100

Slim 2a, b, c's upper floor board of the patented invention, with a floor plan, sular map, and cross-section map

A person shall be appointed.

Slim 3a, b, and c’’’’’’s mid-to-long surface map, square, and cross-section map showing the upper floor board.

Slim 4a, b, C’s lower-rise body board of the patented invention, and cross-sections, with a surface map, and cross-sections

2. Invention A (No. 4)

Innnn

On July 2001, which was filed before the date of priority claim of the patented invention of this case, and was after the date of priority claim.

2. The publication of the Patent Gazette extraordinary 2001 - 54058 of the Domins, slots, and flats;

B. It is related to B. The antenna is composed of three different structures of the feeder (10), radioactive (20), and slot (30).

There is a studio, and if the studio is a studio, the studio wheel to obtain the signal to be transmitted.

section 1 (12) A; on the upper part, the upper part of the signal entered through the upper part of the above Do chief class; and on the upper part, the first part of the signal distributed by guiding the signal entered.

200 10 10 10 10 10 10 20 20 20 20 20 20 20 20 20 20 20 20 20 20

In the case of a board, it has the same shape as the 1st class electric wave of the above 1st class.

Class 2, Class 2, Class 2 (22), Class 2, subparagraph 2, which provides information on and distributes information on the signals entered through the Do-frequency system.

- A majority of the members to release distributed signals on the surface, such as T-type distribution machines (24), C-type radio wave pipes (25), and on the upper surface;

A large number of slots that guide the signal distributed to the outside (28) of the radiation home (29) of the Schedule, the Schedule (29) of the Schedule, and the slot machines;

(34) and distribution (36) are formed respectively.

Em. 1 Distribution Dom Dompin antenna of traditional technology

B. Ground plan, side map and elevation map representing the antenna of comparable inventions 2a, B, and C.C.

A person shall be appointed.

I PĘ ' q ' O LA ZIT Ha toath de Hitati T ' I IH É Ihly

A person shall be appointed.

B. Ground plan, side map, and elevation map representing the radiation board of comparable invention c. 4a, B, and C.C.

NEVER

B. Ground plan, side map, and elevation map representing the slot plates of comparable invention 5a, B, and C.C.

30

30