205Heo10565 Nullification of Registration (specific)

Authority-leapway

Incheon Bupyeong-gu

Patent Attorney Lee Jae-soo, Counsel for the plaintiff-appellant

Park Ho-ho

Mayang-si Mayang-gu

July 5, 2006

July 19, 2006

1. The part of the patent registration number No. 46191 among the trial decisions rendered by the Intellectual Property Tribunal on November 8, 2005 regarding the case No. 2005Da423 shall be revoked.

2. The costs of lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Basic facts

The plaintiff is a patentee of the registered invention described in attached Form 1 (date of application / Registration Date / Registration Number : February 11, 2004 / December 6, 2004 / 46191; hereinafter referred to as the "registered invention of this case"), whose name is "the invention of this case" and the registered invention of this case is referred to as "the invention of this case 1 invention" and "the invention of this case 2 invention of this case, etc." with the number assigned for each claim, which is easy to transport, store and install and reduce manufacturing costs, and its claims and drawings are as shown in attached Table 1.

The Defendant filed a petition against the Plaintiff for a registration invalidation trial on the grounds that the registered invention of this case has no inventive step, and filed a petition for a judgment on the invalidation of the registration in the trial proceedings. The instant petition for a judgment on the invalidation of the invention of this case was filed pursuant to the Cited Invention 1 [the Utility Model Gazette (registration number: No. 318725, Jul. 2, 2003; No. 297125)], comparable Invention 2 [the Utility Model Gazette (registration number: No. 297128, Dec. 6, 200)], comparable Invention 3], and comparable Invention 4 (Attachment No. 2, No. 251844). The Intellectual Property Tribunal dismissed the Defendant’s petition for a judgment on the invalidation of the instant petition for a judgment on the invalidation of the invention of this case on the grounds that the person with ordinary knowledge in the technical field belonging to the instant invention could not easily have been described in the cited Invention 2 and 4, respectively, and the Defendant’s petition for the nonobviousness of this case No.

【Grounds for Recognition: Confession】

2. Determination

The plaintiff asserted that the part concerning the Claims Nos. 1 and 2 of the trial decision of this case concerning the invention of this case is unlawful, since the non-obviousness of the Claims Nos. 1 and 2 of this case exists, while the defendant as the petitioner for the registration invalidation trial of the Claims Nos. 1 and 2 of this case had the assertion and burden of proof of the grounds for registration invalidation, he did not assert and prove any grounds for registration invalidation until the closing of argument of this case.

Therefore, since it cannot be deemed that there exist grounds for invalidation of the registration of the invention Nos. 1 and 2 of this case, the part concerning the invention Nos. 1 and 2 of this case’s trial decision is unlawful on the contrary.

3. Conclusion

Therefore, the plaintiff's claim seeking the revocation of the part of paragraphs 1 and 2 of this case among the decision of this case is reasonable, and it is so decided as per Disposition.

Judges Lee Ki-taik

Judges Mara

Judges Noh Jeong-sik

Site of separate sheet

1. Registered invention of this case

(a) Claims:

1. Claim 1. It is organized by linking multiple walls panel (20) so that air routes can be formed inside the claim;

For a building exhaust duct, the year drawn in the right angle direction on the top of the above wall board (20).

(20) The other side of the wall panel (20) shall be provided for in paragraph (30) of this section, and the other side of the wall panel (20) shall be the other party to the wall panel (20).

at the time of the assembly of virtue with the ad hocd mix of sculpted sculpted by the foregoing Part (30).

(40) A building engine duct with characteristics of being equipped.

2. In respect of claims in paragraph 1, the lower part of the above wall-building panel (20) shall be a relatively outer side.

more protruding combineds (45) Now be set up, with the upper direction of the above wall panel (20)

As aground at the time of assembly, the upper part of the lower part of the wall body panel (45) this chron (20) of the upper part of the wall body panel (20).

A building engine with characteristics consisting of a combination.

3. For claims 1 or 2, the above wall body panel (20) shall be inside side of the connecting panel (30) and

the upper part of the first part of the day (40) is extended to the upper part of the upper part (55) of the upper part of the day.

A building engine with characteristics of consisting of parts.

(b) Drawings;

nan

A person shall be appointed.

2. Invention 4

(a) Main contents;

Before September 20, 2003, two walls of “A” are combined with V.

The term "the air exhaust space of one's own punishment" shall be formed, and the lower part of the wall shall be the combined threshold protruding from the outer side.

(1) An engine studated on the upper part of the lower part of the wall;

(b) Photographs;

A person shall be appointed.