The case holding that the decision of the court below which judged that the registered appeal on the lighting instruments with the air discharge outlet was not non-obviousness, was an incomplete hearing.

The case holding that although the registered device is a device related to a lighting fixture installed with air discharge outlet, and the professional engineer's idea to prevent the spreading of the device using the air discharge outlet is not used in the existing publicly known technology or the cited device adopted by the court below, the inventive step is recognized in the above device. However, although the court below did not properly grasp the contents of the above device and determined that the remaining device that the body body of the device was exposed to the end of the country and concluded that it was just, it is more serious than the existing one, the court below erred in the misapprehension of the inventive step judgment in the judgment of the court below.

Article 187 of the Civil Procedure Act; Article 8(2) of the Administrative Litigation Act; Article 5(2) of the former Utility Model Act (Amended by Act No. 4209, Jan. 13, 1990; see current Article 4(2)); Article 19(1)1 of the former Utility Model Act (see current Article 32(1)1 of the Act)

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Claimant (Attorney Im-soo et al., Counsel for the plaintiff-appellant)

Appellant (Attorney Full-time et al., Counsel for defendant-appellant)

Korean Intellectual Property Trial Office Decision 95Na379 dated September 30, 1996

The decision of the court below is reversed, and the case is remanded to the Korean Intellectual Property Office.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the reasoning of the decision of the court below, since the public notice bulletin of the registered device of this case (registration number omitted) contains a specific amount of money in the air continuously injected with the body of the Korean Intellectual Property Office, which means that only a certain amount of money is discharged to the body outside the body of the body, such as the continuous expansion of the body of the body of the body, to prevent the physical phenomenon in which the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of this case, it can be indicated as "the quantity of the continuously injected air of the body of the body of the body of the body of this case excluding the specific amount of put put to put to put to place put to the body of the body of the body of this case."

Therefore, according to the records, the core feature of the device of this case is to form an air discharge outlet in order to prevent the wave of body by letting a certain quantity of air in the air continuously injected into the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

Furthermore, the opinion of the court below is reasonable as to whether the proposed air discharge outlet was installed in the design of this case by installing the "air discharge outlet", and that the problem in the air leakage in the air apparatus is the health room. However, this problem was resolved by continuously infusing the air with the air, but it is the air discharge outlet to solve the problem because the body of the machinery has a problem that the influent air has been broken out due to the accumulation of the influent air, so it is possible to maintain a certain air pressure at all times within the body of the apparatus due to this air discharge outlet. Accordingly, the professional engineer's opinion to prevent the influent heat of the apparatus using the same air discharge outlet as the device of this case has not been used in the existing publicly known technology or the cited proposal adopted by the court below, and thus, the device of this case is recognized non-obviousness.

Nevertheless, the court below did not see the contents of the device of this case properly and concluded that the body body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of this case was

Therefore, the decision of the court below is reversed, and the case is remanded to the Korean Intellectual Property Office for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Don-hee (Presiding Justice)