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(영문) 특허법원 2016.09.29 2016허2737
거절결정(특)
Text

1. The decision made by the Intellectual Property Tribunal on February 29, 2016 on the case No. 2015 Won2935 shall be revoked.

2. The defendant shall bear the costs of litigation.

Reasons

1. Case summary

A. On May 7, 2014, the Plaintiff: (a) indicated in the Korean Intellectual Property Office on May 7, 2014, the name of the Plaintiff is “a permanent seat, the part of which calls within the electric motor for electrical machinery equipment,” and “the patent application number No. 10-2014-701219 (priority date: August 24, 2010; hereinafter referred to as “instant patent application invention”).

(2) On June 13, 2014, the Korean Intellectual Property Office examiner notified the grounds for rejection (hereinafter “the grounds for rejection of the examination of this case”) that the invention in this case is non-obviousness and thus, cannot be patented pursuant to Article 29(2) of the Patent Act. On April 27, 2015, the Korean Intellectual Property Office made a decision of refusal (hereinafter “instant decision of refusal”) on the same grounds.

3) On May 27, 2015, the Plaintiff filed an appeal with the Intellectual Property Tribunal seeking revocation of the instant decision of refusal (2015 Won2935). On February 29, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s appeal (hereinafter “instant decision”).

b. B. B. The instant invention 1) Claim 1 (amended by December 10, 2014) (hereinafter referred to as “ Claim 1”) 【 Claim 1’s Roster assembly includes a ro-cat assembly, which is fixed at the axis 1, including a ro-cat tone and a part of the day of the ro-cat, and the said ro-cat assembly includes a ro-cat tone, and the said ro-cat assembly fat and the mone-cat respectively include a ro-cat tone the said axis, and the said fat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat (2).).

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