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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 3, 2015, the examiner of the Korean Intellectual Property Office (hereinafter “Korean Intellectual Property Office”) held on February 3, 2015, the Plaintiff with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”).
(2) On March 23, 2015, the Plaintiff notified the grounds for rejection that a patent cannot be granted pursuant to Article 29(2) of the Patent Act because it is readily possible to make an invention from prior inventions. (2) The Plaintiff submitted an amendment to correct claims 1 through 5 of the instant invention on March 23, 2015, but the Korean Intellectual Property Office examiner did not resolve the grounds for rejection that the nonobviousness of claims 1 through 5 of the instant invention was denied on April 7, 2015.
3) On May 7, 2015, the Plaintiff filed an appeal seeking revocation of the foregoing decision of rejection with the Intellectual Property Tribunal. On June 5, 2015, the Patent Trial and Appeal Board issued a correction of claims 1, 4, and 5 of the instant patent application invention, and submitted an amendment to pre-examination of the contents to delete claims 2 (hereinafter referred to as “instant Claim 1” and the remainder of the claims in the same manner). On July 10, 2015, the Patent Trial and Appeal Board notified the Plaintiff of the examination of the application previously examined that the nonobviousness of the instant patent application invention is denied and the nonobviousness of the instant patent application is denied pursuant to the preceding invention; and on December 28, 2015, the Patent Trial and Appeal Board rejected the Plaintiff’s ground for rejection on any one of the grounds that the instant patent application is dismissed.
B. The Plaintiff’s name of the invention claimed in this case (No. 1) 1: the method for administering the invention in this case, and the creations of the invention, shall be the foundation for the management of the Mhods and Common Spots.