The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 3, 2013, the Plaintiff’s instant decision 1) as indicated in the following sub-paragraph (b) of the same Article: (i) the Plaintiff’s invention with the name of “the method of manufacturing aluminium aluminium, the method of manufacturing an objection, and the method of forming a stuff by using it” (hereinafter “instant patent application invention”).

On August 26, 2014, the examiner of the Korean Intellectual Property Office filed an application with the Plaintiff on the ground that “(i) claims 1 and 2 of the instant invention are substantially identical to the prior invention described in paragraph (c) below, and ② claims 1-5 were identical to the said prior invention and thus, a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) can easily make an invention by the prior invention, and thus, cannot obtain a patent pursuant to Article 29(2) of the Patent Act.” (ii) The Plaintiff submitted an amendment and written opinion regarding the description, etc. of the instant invention on November 26, 2014, on March 24, 2015, the examiner of the Korean Intellectual Property Office failed to resolve the grounds for rejection among the grounds for rejection as of August 26, 2014, and the Plaintiff’s decision to refuse the patent application was sufficiently made.”

3) Accordingly, on May 26, 2015, the Plaintiff filed a request for reexamination while submitting an amendment and written opinion to amend the specification, etc. of the instant invention. However, on July 7, 2015, the examiner of the Korean Intellectual Property Office rendered a decision of rejection on the ground that the Plaintiff’s amendment was made on May 26, 2015, on the ground that the patent application invention in this case is new and non-obviousness by prior inventions are denied by prior inventions. 4) The Plaintiff dissatisfied with the request and filed a petition for a trial of rejection seeking revocation of the said decision of rejection under the Intellectual Property Tribunal 2015 Won5256 on September 7, 2015, but the Korean Intellectual Property Tribunal on March 30, 2018.