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(영문) 특허법원 2016.06.09 2015허7391
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. On October 31, 2013, the Korean Intellectual Property Office examiner: (a) on October 31, 2013, the Plaintiff with ordinary knowledge in the technical field to which the invention in question pertains (hereinafter “ordinary technician”) the Claim 1 through 20 (hereinafter “ Claim 1 of the instant patent application invention”; and (b) the remainder of the claims are identical in the same way).

(2) On April 30, 2014, the Plaintiff notified the grounds for rejection that the patent cannot be granted pursuant to Article 29(2) of the Patent Act, because the nonobviousness could be easily granted to prior inventions 1 through 4. However, on September 30, 2014, the KIPO examiner rejected the instant patent application on the ground that the said grounds for rejection did not resolve even if the patent application invention was re-examined on September 30, 2014.

3) On December 31, 2014, the Plaintiff filed a petition for a trial seeking revocation of the foregoing decision of refusal with the Intellectual Property Tribunal. On January 30, 2015, the Plaintiff submitted an amendment, such as the specification for the procedure for pre-examination. The Korean Intellectual Property Office maintained the said decision of refusal on the ground that the instant invention was still unable to overcome the grounds for the said decision of refusal. 4) The Korean Intellectual Property Trial and Appeal Board reviewed the instant case as 2014 Won8178, and subsequently dismissed the Plaintiff’s petition for adjudication on September 17, 2015 on the ground that the nonobviousness of the instant claim of paragraph (1) invention is denied by prior inventions 1 and 4.

B. The Plaintiff’s title of the invention claimed in this case (Evidence 1) 1: The patent application date/original filing date/the filing date/the filing date/the filing date/the filing date/the filing date of the claim for priority: September 17, 2013; / March 22, 2012; / March 23, 2004; 10-2013-7024719, the summary of the invention described in the summary of the invention described in this case pertains to optical layers, optical elements, and liquid display devices, and the amount of the patent application invention described in the summary of the invention described in the summary of the invention described in this case is determined by 3rd dumfics control.

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