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(영문) 특허법원 2016.10.28 2016허4399
권리범위확인(디)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s registered design (Evidence A2 and 3)/registration date/registration number: D/ E/F2: articles subject to design: G3) the description of the design, and pluggs used in the field of water at the time of pipelineing the design to prevent water from being leaked, using rubber strawing to prevent water from being leaked. The Defendant’s application date/registration date/registration number of the Defendant’s registered design of this case (Evidence A2 and 3: D/ E/F2: G3) design, and the description of drawings and pipe pipes of the design of this case

B. The design subject to confirmation (attached Form 2) of the design subject to confirmation is ① the original body of a pllerg (temporary marina) attached to a water system, ② the original body of a pllerg (temporary marina) formed by the upper body, ③ the plug-tring and the pluging of the body so that water can not flow out with the upper body, ④ the plug-tring of the body body so that water can not break out with the upper body, ④ the plug-tack of the body body, ⑤ the plug-typeed one in the eight-dimensional shape that is concluded into the lower body of the original body, ⑤ the plug-type one in the eight-dimensional shape that is concluded by the plug-type one, and the plug-typeed one in the shape of the 8th body.

The design subject to confirmation of the low surface map of the surface map on the upper and lower side of the gyeast map is a design with respect to “H” being implemented by the Plaintiffs, and its explanation and drawings are as follows.

C. Prior designs 1) Prior designs 1 (No. 4), registered on May 10, 1994 and publicly notified on June 1, 1994 by the similar head of the Registration Gazette No. 151344, the drawings are as follows. 2) Prior designs 2 (Evidence 5) registered on November 11, 1993 and publicly notified on December 15, 1993 by the Registration Gazette No. 145481, the drawings are as follows.

3) Prior designs 3 (the evidence 1, 2 prior designs 3) are drawings contained in the Utility Model Gazette, but are compared to the registered design of this case.

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