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(영문) 특허법원 2018.01.19 2017허6927
등록정정(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. On June 16, 2017, the Plaintiff filed a petition for correction trial with the Intellectual Property Trial and Appeal Board (2017No. 59) to correct the claims 1 and 7 of the instant patent invention as described below (b)(4).

(2) On August 1, 2017, the Korean Intellectual Property Trial and Appeal Board notified the Plaintiff of the amendment on the ground that “The claim for the correction trial of this case is substantially expanding the claims, and thus it is contrary to Article 136(3) of the former Patent Act (amended by Act No. 12753, Jun. 11, 2014; hereinafter the same shall apply).” The Plaintiff submitted the amendment on August 14, 2017, but the Korean Intellectual Property Trial and Appeal Board rejected the claim for the correction trial of this case as corrected by the request for the correction trial of this case, on August 28, 2017, the Korean Intellectual Property Trial and Appeal Board rejected the Plaintiff’s claim for the correction trial of this case on the ground that the non-obviousness is denied by prior invention, and thus, the Plaintiff again presented a notification to the Plaintiff on the ground that the amendment of this case violates Article 136(4) of the former Patent Act.”

B. The title of the invention of this case (Evidence A 3 and 4) 1: B (2) filing date/registration date/registration number: C/D/patent E3): patentee: Plaintiff 4) claims 【 Claim 1】 Sheet jum tin (110); Pilotage ferries are placed in order to reduce the micrometallics corresponding to the non-metallics of the claim 1; Pilotage is placed; output of the leading base power is detected.

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