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(영문) 특허법원 2017.04.28 2017허349
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on January 12, 2017 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On August 29, 2016, the Plaintiff, as the Intellectual Property Trial and Appeal Board No. 2016Da2631, supra, against the Defendant.

A petition was filed for a trial on invalidation of patent regarding the claim 1 of the instant patent invention (hereinafter “instant claim 1”).

However, on January 12, 2017, the Intellectual Property Trial and Appeal Board corresponds to the prior invention 1 of the instant case involving comparable invention.

By reason that newness and non-obviousness are not denied, the trial decision of this case was rendered to dismiss the plaintiff's above appeal.

B. The title of the patented invention of this case (Evidence A2 and 3): C filing date/registration date/patent number: D/E/F patentee: The summary of the patented invention of this case is that the patented invention of this case, which is the invention of this case, can be discharged to the outside of the pande and burned it to the outside of the pande and removed from the pande by burning it to the pande.

【Claim No. 1】 In the case of a lid (1) lided lided in the floor board (6)(hereinafter referred to as “class No. 1(a)(hereinafter referred to as “class No. 1)(s)(s)(s)(s)(s)(s)(s)(3)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(

1. The apology of the invention;

2. A-A cross-section 1 of the Do 1.

3. The Do 2's "B" expansion limit;

C. Prior Invention 1) Prior Invention 1 (A) is the comparable invention with the instant trial ruling, and the Plaintiff excluded the prior invention 1 from the prior invention on March 23, 2017, which served as the basis for denying the inventive step of the instant Claim 1 at the first date for pleading on March 23, 2017.

Prior Invention 1 is published in the Korean Utility Model Gazette 20-150632 published on July 1, 199.

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