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(영문) 특허법원 2016.11.11 2016허6487
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on July 27, 2016 on the case No. 1385 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On May 24, 2016, the Defendant filed a petition with the Intellectual Property Tribunal for a trial for invalidation of registration against the Plaintiff on the ground that “the claim 1 of the instant patent invention is easily made by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) can make an invention from the prior invention, and the nonobviousness thereof is denied.” (ii) The Intellectual Property Tribunal deliberated on the claim as 2016Da1385, and decided on July 27, 2016, on the ground that “the claim 1 of the instant patent invention can be easily made by an ordinary technician, and thus the patent should be invalidated,” and thus, the instant trial ruling cited by the Defendant was rendered on the ground that the nonobviousness is denied.”

B. The title of the invention of this case (Evidence 2) 1: B) filing date / registration date / registration number : C/D/E 3: The right holder: Plaintiff 4) 【 Claim 1】 The process of putting the raw material of the skin(PVC) into the ground for the container; the above process of putting the sobro into the ground for the co-day shape at No. 20; the process of putting the sobro into the ground for the co-day shape at the right angle of the above co-day shape; the above process of putting the sobro shape into the crobro (40); the above process of putting the sobro shape in contact with the co-day (2) in which the socco-day shape is in character; hereinafter the same shall apply to each of the above process of building in order to dry the crote (2) and the crote (4); hereinafter the same shall apply to each of the above sub- Claim 1 to 3).

2. The plaintiff's assertion

A. The straight cooling process and the sex roller process of the instant Claim No. 1 are the best measurements to be used as an indoor set for automobiles.

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