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(영문) 특허법원 2017.10.27 2017허4617
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On February 15, 2016, the Defendant asserted that each claim of the instant patent invention as indicated in paragraph (b) should be invalidated on the grounds that the nonobviousness is denied, and that the patent should be invalidated. The Plaintiff filed a petition against the Plaintiff for a trial on invalidation of the patent as the Intellectual Property Trial and Appeal Board 2016Da372, May 19, 2017.) Accordingly, the Plaintiff’s claim 1 and 3 of the instant patent invention in the said trial on invalidation of patent as indicated in paragraph (2) below 1.

B. (4) A correction request was made to the effect that the correction was corrected as stated in paragraph (4) (hereinafter “instant correction request”).

(3) On May 31, 2017, the Korean Intellectual Property Tribunal was lawful for the instant request for correction. However, each of the claims of the instant patent invention corrected by the instant request for correction is identical to the prior inventions 1, 2, and 3 of the instant patent invention.

The defendant's above judgment of this case was rendered on the ground that the inventive step is denied by the court.

B. The Plaintiff’s title of the instant patent invention (Evidence 3 and 7) 1: (a) the filing date/registration date/registration number capable of controlling the height of the beam beam 2) / the instant patent invention on November 9, 2012 (No. 10-140413, May 30, 2014) was adopted as a technical task to facilitate a lower-level adjustment of the sloping beam line, which serves as the shipping channel of the cargo without adjusting the size and interval of the track length; (b) the sloping line, which serves as a line line, can be adjusted to lower the height of the beam line; and (c) to achieve such technical task, the lower-level adjustment of the beam line equipped with the “sloping line” as the constituent element 3 of the following sub-paragraph 4) was adopted.

(A) No. 2 of the identification number [006], [00] / [07] 4) claims (the correction of the correction of this case was requested for correction, and the bottom part was corrected as the correction request.

【The 1st Trackline and the single direction of the 1st Track of the Claim, the multiple Tracks entered into the said multiple Tracks.

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