206Heo11305 Verification of Scope of Right (Special Cases)

Plaintiff, Ltd.

Patent Attorney Han-chul, Counsel for defendant-appellant

Defendant corporation

Law Firm KJ, Attorneys Kim Yong-hoon, and Kim Young-young, Counsel for the defendant-appellant

Patent Attorney Choi Ma-sik

July 10, 2007

August 23, 2007

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 November 30, 2006 on the case No. 871 dated 2006 shall be revoked.

1. Basic facts

A. The title of the patented invention (1) invention of this case: The filing date of the Riber system operating device (2)/registration date/registration number: January 16, 2002 / April 11, 2005 / 48089 (3): the patented invention of this case is related to the Riber system in which the contents of the patented invention of this case (4) are designed separately on the interior side of the door or windows, and are surveyed indoor side from the outside, and is about the operating device of the exhauster system that can adjust the light and air volume, which are capable of controlling the indoor side of the patented invention of this case. The scope of the patent claim of this case, which is a specific description, (hereinafter referred to as "claim of this case" of this case, and the main drawings are as shown in attached Table 1.

(b)with respect to the operating equipment of the lub system equipped with the challenged invention board, the revolving means, and the lub system with rare absence, detailed descriptions and drawings are as set out in annex 2;

C. Details of the instant trial decision

On April 7, 2006, the Plaintiff filed a motion to confirm the scope of the right of the instant patent invention against the Defendant who is implementing the invention subject to confirmation in the Intellectual Property Tribunal, on the grounds that the invention subject to confirmation falls under the scope of the right of the instant patent invention, and the Intellectual Property Tribunal deliberated by the Intellectual Property Tribunal as 2006Da871, and dismissed the Plaintiff’s request for adjudication on November 30, 2006.

【Evidences Nos. 1 through 3, the purport of the whole pleadings

2. Determination on the legitimacy of the instant trial decision

A. Whether the challenged invention falls under the scope of the right to the claim 1 invention of this case (1) technical composition of the claim 1 invention of this case

The technical composition of the Claim 1 of this case under the premise "the connecting framework connected to the window, the supporting framework that can be combined with the above connecting framework, the several slots that support for a long time by combining it with the above supporting framework, and the revolvings that combines on the one side of the above slots for a long time, and the above revolvings or all revolvings connected with the above slots which are linked with any one of the above slots for a long time at the same time." (hereinafter referred to as the "presive composition"), the characteristic composition "the aforementioned combinations" shall be composed of "the above combinations for operation" and "the above combinations for operation" (hereinafter referred to as "the above combinations for operation"), "the above combinations for operation" shall be composed of "the above combinations for operation" and "the above combinations for operation" (hereinafter referred to as "the above combinations").

The invention subject to confirmation has "joint presses (100), support presses (200), slots (200), slots (200), circuit board (240), franchise (260), and franchise (260)" as a component corresponding to the composition 1 through 3 of paragraph 1 of this case. The invention subject to confirmation has "working board (300), meeting means (400), Gabs (500), and Gabs (500)," and there is no dispute between the parties. The premise composition of the invention subject to confirmation and 1 through 3 of the premise of paragraph 1 of this case are the same as the response composition of the invention subject to confirmation.

However, although the invention of paragraph 1 of this case consists of a set of "a set of two main home and combined home" set forth in paragraph 4 of this case, there is only one set of "a set of two main home" and there is no difference between "a set of main home" and "a set of main home."

(3) Determination

If the claim of a patented invention consists of multiple elements, each element is protected as a whole, which is an organic combination of each element, and each element is not protected independently. Thus, if the invention in question compared with the patented invention has only a part of the essential elements as stated in the claim of the patented invention, and the other element is lacking, in principle, the invention in question does not fall within the scope of the right of the patented invention (Supreme Court Decisions 9Da31513 delivered on December 24, 2001; 98Hu2351 delivered on November 14, 200, and 601

6.1. See Supreme Court Decision 98Hu2856 delivered on January 1, 201

In this case, the composition of the combination of the health team, the method of conference, and the operating board is equipped with the combined home of one two sides, but the operation board of the invention in question is limited to one two sides, and there is a lack of composition of the combined home.

On the other hand, the detailed description of the invention in the specification of the patented invention in this case and the scope of the claims are stated as "for solid combinations with the operating board and the revolving means," and with respect to the specific operating principles, the combinations is composed of Section 42a to cope with the above combinations (32a) and the combinations (42b) inserted into the above combination home (34) and the combinations (40) inserted into Section 42a to the above combinations (42). The combinations with Section 40 (46) of the above combinations are composed of Section 40 (3) and 40 (40) of the identical means so that the above combinations are not separated from Section 40 (50). In other words, the combinations are composed of Section 42a to the above combinations with Section 422 (3) of the two parallels, and the combinations are composed of Section 40 (4) and (4) of the two identical devices.

Therefore, the invention in question lacks the composition of the "combined Home" among the essential elements of the invention in paragraph (1) of this case, so in principle, it does not fall under the scope of the right to the invention in paragraph (1) of this case.

(4) Judgment on the Plaintiff’s assertion

The plaintiff argues that the invention in question does not have a composition of the "combined Home" among the composition of the technical framework of the invention in this case. However, this is merely a mere deletion or modification of some of the elements of the invention in question, which are relatively important in the technical framework of the invention in this case, and that such modification is merely a simple modification of design and achieve the same purpose and effect. Thus, the invention in question falls under the scope of the right of the invention in this case.

In light of the fact that the claim(s) provides that a description shall be made only with matters indispensable for the composition of the invention (Article 42(3) of the former Patent Act (amended by Act No. 8197 of Jan. 3, 2007) and what matters are indispensable for the composition of the invention are left to the freedom of the applicant. The technical scope of the patent invention is determined by the matters described in the claim(Article 97 of the Patent Act). In addition, disregarding the claim(s) is a relatively important part of the elements of the patent invention even though the claim is described as one of those indispensable for the composition of the invention, it cannot be permitted after the extension or alteration of the claim(s) is recognized after the extension of the claim(s). Moreover, as seen earlier, since the composition of the "combined Home" in Composition 4 is an independent operating principle and effect of the patent invention(s) and it does not constitute a relatively important element of the invention(s) of this case(s) as it does not constitute the plaintiff's invention(s).

B. Whether the invention in question falls under the scope of the right to claim 2 to claim 9 inventions of this case, the invention in question refers to the subordinate claim to claim 1 inventions of this case or the other claims cited in the invention in paragraph 1 of this case. Therefore, as long as the invention in question does not fall under the scope of the right to claim 1 inventions of this case, the invention in question does not fall under the scope of the right to claim 2 to claim 9 inventions of this case, without further review, does not fall under the scope of the right to claim 9 inventions of this case.

C. Sub-decision

Since the invention subject to confirmation falls under the scope of the right to claim 1 to claim 9 of this case, the trial decision of this case, which is consistent with this, is justifiable.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

The presiding judge's seat

Judges Kim Jong-soo

Judges Kim Jong-soo

Attached 1. Claims and principal drawings of the instant patent invention

1. Claims;

(1) Claim 1. Connecting presses connected to the original frame, and combining the aforementioned connecting presses usable to the said connecting presses.

The support presses, and a number of chains that support for a long time by combining it with the above support presses as a whole;

shall be linked to the wheels incorporated into one side of the said slots and to the wheels as well as the wheels as above.

any session connected to or under any of the following sub-committeess:

Russ, including franchises, to ensure that electric plates and slots are operated simultaneously;

in an item, at least one of the above slives, incorporated into one of the above slives and slives, and

The operation board to be integratedly linked, the operation board to be integrated into the operation board, and to operate the operation board above.

The revolving the revolving of the said means of meeting, incorporated into a single side of the said consolidated press, by controlling the revolving of the said means of meeting.

the front part of the above operating board shall include no more than one set of home for the purpose of

on the part of the above operating board, with a view to making the combinations with the above operating means solid.

A system operating device with characteristics that combine home is formed.

2. For claims 2.1, the above operation board and the above operation means are combined as a whole.

The operating device of the system with special characteristics.

3. For claims 3.2, the above means of meeting shall be divided into two parts as provided for above in the home page.

Formation of the combinations in which donations and the combinations inserted into the foregoing combinations shall be made and extended to the above combinations;

system operation devices with characteristics consisting of knife parts.

4. For claims 4.3, the foregoing combination does not deviate from the above combination.

Operation of a doer system characterized by the formation of a fixed home which can fix fin;

Equipment;

5. In regard to claims 5.3, the same on the first side of the above knife shall be the carbon support by the knife means.

by virtue of the characteristics of the installation of a shot-projecting letter to maintain the revolving location of the said means.

operating devices of the system.

6. For claims 6.5, the absence above is equivalent to the first page and the first page above.

Section 1 above for the purpose of inserting and moving by inserting and inserting the above dynamics, and section 2 of this title.

Section 2 above to be placed on the Ministry of Government Administration and Home Affairs formed in the direction between the Myeon and Section 2 above.

Nos. 1 and 2 above, a number of galunits formed in a specified intervals, and such fixed pin gals

1.3 Robers with a characteristic to include the sins formed on the face of the above-mentioned Nos. 1 and 2 above

item operating device.

7. For claims 7.1 to 6, any of the above connecting presses shall be referred to above.

It is characterized by the fact that there is a form of a routture in length on the part of the day so that the means can be inserted.

operating devices of the system.

1 In any of the events described in paragraphs 1 to 6 of Article 8.1, the above operating board and the above number of events

Provided, That it is characterized by metal operating devices of the lub system, characterized by metal.

(9) For claims 9.1 to 6, any claim described above shall be held annually in the operating board.

in order to incorporate the links in the system in which the insertions are formed so that they can be inserted.

abandon system operating devices.

2. Main drawings;

* Explanation of the copy of the drawing(s) : 10 (Consolidated frame), 12 (Reaptation), 14 (Consolidated public), 16 (Guidance Book), 20 (Support Press)

G) 22(s) 22(s) 24(s) 24(s) 26(s) 30(s) 32(s) 32(s) 34(s) ;

36. (Modernment), 40 (Modernment), 42 (Modern Subdivision), 42a (Madern Subdivision), 42b (Madern Subdivision), 42c (Madern Subdivision), 45 (Madern Subdivision), 45 (Madern Subdivision)

Protruding letter), 46 (Finland), 50 (Gain absent), 52 (1), 54 (2), 56 (2), 57 (Ninland), 57a, 57

(V), 58 (Shelling Homes), 59 (Lins)

Drawings 1 (Lempid and Dempid City/Do) Map 2 (Lepid and Rescined City/Do)

A person shall be appointed.

Drawings 3.(Sab..........) Drawings 4 (Sabber System Operation Devices/Dos)

A person shall be appointed.

Attached 2. The invention subject to confirmation;

Drawings subject to Confirmation

Do 1 Do

A person shall be appointed.

Do 3 Do 4

A person shall be appointed.

Explanatory Note for Confirmation

1. Name of the invention;

Operational Devices of the Rusber system

2. A brief explanation of the drawings;

Do 1 The Do 1 shall not be deemed to have been dissipated in the invention in question.

Do 2 The letter of intent of the challenged invention

3 The Do 3 shall be the level of elevation which indicates the combination of the means of conference and the operating board of the invention in question.

4 The Do 4 indicates the action of the revolving means in the absence of the face value of the invention in question.

3. A description of the invention subject to verification;

Connecting presses (100) linked to the hold frame formed by a section (120) on the side side of the direction and connected to the hold frame, and connecting presses;

(100) The support press (200) and the support press (200) consisting of cherbly combining cherbly

combinations (600) slives (220) and slives (220) slives (220)

240) and wheels (240) connected by wheels (240) and wheels (220) Gablings (240)

shall meet simultaneously with the revolving board (240) connected to any one Dong, and slots, 220 (220)

Styuna (260) incorporated into a single side of slun and slunaun (220) and slunaun (220)

320) Ga home (320) on the front and front of the metal set up with a metal to link B with each other.

(300) Ga home (320) in order to turn the operating board (300) combined with the Department (300) Ga home (320)

Department (420a) and fixed home (460) fixed to this end (420C) of this quarter (420C) and 400

For the purpose of controlling the revolving angle of the revolving means (400) combined on the one side of the consolidated press (100), 1

Myeon (520) and 1 pages (520), 2, 540, and 400, all of which have been formed with a certain interval corresponding to

Part I (520) and Part II (540). Part II (540) of the official conduits formed in a direction for the purpose of movement by inserting them.

(560), on pages 1 (520), and 2 (540), a number of shoulders (580) formed by a specified intervals and a number of bridges.

(400) Punishment shall be imposed on the inside of pages 1 (520) and 2 (540) of a fixed Fin (460) so as not to escape.

A device for operating a lub system comprised of 500 lushes absences (500)