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(영문) 특허법원 2016.11.11 2016허5125
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 August 1, 2013, the Plaintiff filed an appeal against the instant decision of rejection with the Intellectual Property Tribunal (2013 Won5753). On November 24, 2014, the Intellectual Property Trial and Appeal Board (the Intellectual Property Trial and Appeal Board) cited the Patent Gazette No. 2010-049051 (the disclosure of May 11, 2010) of the Patent Gazette of the Republic of Korea as the Prior Invention 1, and cited the Prior Invention 1, 2, and 3 of the instant case as the Prior Invention 2, and the Prior Invention 2, and 2 of the instant case was not denied by lack of non-obviousness, and thus the original decision of June 28, 2013 was unlawful, and the examiner of the Korean Intellectual Property Trial and Appealing the instant invention to the Korean Intellectual Property Trial Office on the ground that it was again examined by the Korean Intellectual Property Trial and Appeal Board (the Patent Trial and Appeal Board).

The grounds for rejection were notified on the grounds that the nonobviousness is denied by the court, and the decision of rejection was made on April 16, 2015.

3) On May 15, 2015, the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial on appeal against rejection (2015 Won2689) by asserting that the nonobviousness of the instant patent application invention is not denied by the preceding invention. 4) On May 31, 2016, the Intellectual Property Tribunal dismissed the petition for trial on appeal against rejection on the ground that the nonobviousness of the instant patent application invention is denied by prior inventions 1 or 3.

B. The title of the invention claimed in the instant application (as amended on June 18, 2012) 1: B) filing date/application number: C/D3: Plaintiff 4) is related to the summary of the invention and the drilling system and method of drawing up the well-dying cluster of the invention, and in the business where the heat generation, etc. is carried out using the heat water (EGS: EGS) produced by creating the renals (EGS) as a heat source, the primary and most core tasks to secure and improve economic feasibility are as low as possible.

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