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(영문) 특허법원 2015.10.08 2015허116
거절결정(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. Name of the invention 1) invention of this case: The contents of the invention and claims (attached Form 1) of the Plaintiff (Plaintiff 4): (a) invention of this case

B. Prior Inventions 1) Prior Inventions 1 (No. 1) published on September 19, 2003, the Korean Patent Gazette (No. 2003-007362), published on September 19, 2003, is a device that compresseds gas from the “Wangdong type compresseder” in the Korean Patent Gazette (No. 2003-07362): The main content of the Prior Invention 2 (No. 2) published on March 28, 2005, as an invention related to the “lusor supply system of lusdong type compresseder” published on March 28, 2005 (No. 2). The main content of the Prior Invention 2 (No. 2) is as an invention related to the “lusian type compressed oil supply system of lusdong type compresseder” published on March 28, 2005 (No. 2).

3) On April 6, 2007, prior inventions 3 (No. 3) and registered as of April 6, 2007, the Korean Patent Gazette No. 10-0707472, the main contents of the prior inventions are as shown in [Attachment 2] paragraph (3). (c) The examiner of the Korean Intellectual Property Office rendered a decision to refuse the instant patent application on the grounds that “the instant Claim No. 1 invention may be easily made by a person with ordinary skills, etc.” (Article 1) the examiner of the Korean Intellectual Property Office, on the ground that “the instant Claim No. 1 invention may be made by a person with ordinary skills, etc.,” and the Plaintiff filed a petition for a trial against the Intellectual Property Tribunal on April 2, 2014.

2) On November 14, 2014, the Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s appeal on the ground that the nonobviousness is denied as the invention in the instant case could be easily derived from the prior inventions. (The fact that there is no dispute over the grounds for recognition)

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