Indiana Co., Ltd. (Patent Attorney Park Jin-jin et al., Counsel for the defendant-appellant)

IBS Co., Ltd. (Law Firm U.S. Patent Attorney Kim Jin-jin, Counsel for the defendant-appellant)

July 22, 2014

1. The decision made by the Intellectual Property Tribunal on November 14, 2013 on a case No. 2013Da436 shall be revoked.

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

The same shall apply to the order.

1. Basic facts

A. Patent invention of this case

(i) The title of the invention: To prepare a sample in which a certain quantity of samples can be introduced rapidly; and

(2) Date/registration date/registration number: December 24, 2001 / February 28, 2005 / (patent registration number omitted)

(c) A patentee: the defendant;

4) The claim(s) of this case (hereinafter referred to as the "claim(s) of this case is indicated in the same manner as the "patent(s) invention(s) of this case", and the whole invention is referred to.

【Request No. 1】 The electrical chemical biopis in which the passage of sample and the traffic donation are cross-concepted and the sample introduction book with the structure of protruding part in the place of the introduction of sample and the traffic donation are provided.

【Request 2】 Deleted

【Request 3】 In Paragraph 1, 2000, 1/5 to 1/2 of the breadth of the above sample-in-cover-cover-cover-cover-cover-cover-cover-cover-cover-cover-

【청구항 4】 제1항에 있어서, 상기 시료도입부의 전체부피가 0.1 ∼ 3.0 ㎕인 것을 특징으로 하는 바이오센서.

【청구항 5】 제1항에 있어서, 상기 시료도입부의 전체부피가 0.1 ∼ 1.0 ㎕인 것을 특징으로 하는 바이오센서.

【청구항 6】 제1항에 있어서, 상기 시료도입부의 전체부피가 0.3 ∼ 0.7 ㎕인 것을 특징으로 하는 바이오센서.

【청구항 7】 제1항에 있어서, 상기 시료도입 통로부와 통기부가 이루는 각도(φ)가 45 ∼ 135°인 것을 특징으로 하는 바이오센서.

【청구항 8】 제1항에 있어서, 상기 시료도입 통로부와 통기부가 이루는 각도(φ)가 75 ∼ 105°인 것을 특징으로 하는 바이오센서.

【청구항 9】 제1항에 있어서, 상기 시료도입 통로부(101)와 통기부(102)가 이루는 각도(φ)가 90°인 것을 특징으로 하는 바이오센서.

【Claim 10】 In Section 10, Pursuant to the above-mentioned paragraph 1, Paz. 10, Paz. Paz. Paz. Haz. Haz. Haz. Haz. Haz. Haz. Haz. Haz. Haz. Haz. Baz. Haz. Laz. Laz. Laz. Laz. Laz. Laz. Laz. Laz. Laz. Laz. Laz. Laz. Haz. and Laz. Haz. Laz. Laz. Baz. Baz. Laz. Laz. La

【Claim 11】 In Section 11 of this paragraph, I am dynasium with the lower part of the electronic transmission vehicle and the lower part of the main transmission line and the main transmission line, which has been formed by the Bas Center with the electronic transmission vehicle and the main transmission line; the passage of the sample; the intermediate part of the main transmission channel and the main part of the sample introduction with the main installation of protruding part at the point where the sample introduction channel and the main donation are made; and the intermediate part with the main part of the main transmission line and the main part of the main transmission line, formed by the upper part below the base transmission line and the main part of the main transmission line, with the face-to-face type dynas in the order

【Claim 12】 In Section 12, Pursuant to paragraph 1 of the same Article, the 2nd interim machine board in which Ethiopic dive and auxiliary voltages are formed on both sides; the 1st interim machine board in which the fiopic dive and auxiliary voltages are crossconced; the fluor and the fluoral of the fluoral and the fluoral contribution are made; the 2nd interim machine board in which the fluor and the fluoral of the fluor are installed on the 1st interim board in which the fluoral part of the fluoral and the fluoral part of the fluoral part in which the fluoral part in the fluoral part in the fluoral part in the middle

【Request No. 13】 In Section 13 of the Claim No. 13, the intermediate board consisting of the 1st interim board consisting of the two sides of the biode and the biode connection department; the passage of sample introduction and the biode donation are crossconced; the 2nd interim board consisting of the sample introduction part having protruding-in structure at the point where the fiode and the fiode donation are made are listed in the two sides of the 1nd interim board, and the 2nd interim board (or any fiode) consisting of the biode of the biode and the biode connection department consisting of the biode and the fiode connection department with the trode of the structure, respectively, on the 2nd interim board.

【Request 14】 In paragraph 1 of the same Article, the electronic transmission population used in the aforesaid bio-amp shall be Pene aluminium (III), Pium Pium Pium Pium (III), Pium Pium Pium Pium Pene, DNA, Dethyl Pium Pium Pium Pene, Pene, Pene Pene, Pene Pene, Pene Pene, Pene, Pene, 7,7,8,8-tetrazine pianodane, tetraththodivene, nitrocene, N-Meine, N-Meine, N-methyl, 4 ethyl-dimethyline, 3-dimethyl-specific ethyl-4, ethyl-4, ethyl-4, ethyl-4, ethyl-specific ethyl-4, ethyl-specific ethyl-4, ethyl-specific ethyl-4, ethyl-4, ethyl-specific ethyl-specific, ethyl-specific ethyl-4, ethyl-specific ethyl-specific, ethyl-specific-4, ethyl-4.

【Claims 15】 In Section 14, 201, the above-mentioned electronic transmission intermediary is characterized by Hexinium (III) chlorolodin.

【Claim 16】 In Paragraph 16 of this Article, it is characterized by the group composed of the lucosium glusium glusium glusium glusium glusium glusium glusium glusium glusium glusium glusium glusium, glusium glusium glusium glusium, glusium glusium glusium glusium, glusium glusium glusium,

5) Major drawings: as shown in [Attachment 1].

(b) A. Consumed inventions (A. 4)

1) Date of publication / Publication: May 11, 1999 / Japanese Patent Gazette No. 11-125626.

(ii) Name: an tester that analyzes liquid samples by the mother customs having each map;

3) Major contents: a test tool (11) to analyze a specific component of a test amount as a reagents, the test amount is composed of two-friendly areas (131), two-friendly areas (13), one-friendly areas (13) and two-friendly areas (133), the first-friendly and the second-friendly areas (13), and the second-friendly areas (132), and at the same time, the test amount is separated from the test amount to the exhauster without passing through the first-friendly and the second-friendly areas (132), and it is composed of three-friendly areas (132) and is refluent from the boundary of the first-friendly and minority areas.

4) Major drawings: as shown in [Attachment 2].

C. Case history

1) The Plaintiff filed a petition against the Defendant for an invalidation trial on the instant patented invention with the Intellectual Property Tribunal No. 2013Da436.

2) On November 14, 2013, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that “The instant Claim No. 1 invention is not denied newness and inventive step by the comparable invention, and the instant patent invention Nos. 3 through 14, and 16 is not denied by the comparable invention, and the inventive step is not denied by the comparable invention, etc., and the instant patent invention No. 15 is not denied by the comparable invention, etc.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the grounds for revoking the trial decision by the Plaintiff’s assertion

(a) Expenses not stated;

The patented invention of this case does not contain only the elements indispensable for the composition of the invention, or the claims are not supported by the detailed description of the invention, or the detailed description of the invention is not stated to the extent that it can be easily executed by ordinary technicians. Thus, the patented invention of this case should be invalidated due to the lack of description of the specification, but the decision of this case which different conclusions should be revoked.

1) The patented invention of this case only states that “the passage in which samples are introduced are cross-established, and the passage in which samples are introduced and protruding is formed at the point in which samples are delivered,” and that only ① there are no other essential elements, such as a voltage, necessary to achieve the purpose of the invention called “prevention of the phenomenon of fish diskettes” in the electrical chemical biopis, or ② there is no relationship between the passage in which samples are introduced and the forward contribution is made, or ③ there is no limitation on where blood is introduced and the purpose of the invention is “prevention of the phenomenon of fish diskettes,” and there is no limit on the measuring area.

2) The scope of the patent claim of the instant patent invention is written only as “an intersection formation,” and its meaning is unclear, and it can be formed not only on the same plane as the sample-in passage and the joint donation, but also on other plane. On the other hand, the detailed description states only the examples of implementation formed on the interim base, which are the same as the sample-in passage and the joint donation.

B. Novelty and inventive step

1) The instant Claim 1’s patented invention is non-obviousness based on the comparable invention, or non-obviousness is denied as a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) can easily make an invention from the comparable invention;

2) The nonobviousness of the instant patent inventions in paragraphs 3 through 16 is denied by comparable inventions;

Although the registration should be invalidated, the decision of this case with different conclusions should be revoked.

3. Whether there is any omission in the entry into the protruding part;

First, in relation to each claim of the instant patent invention, whether there is any omission of description as alleged by the Plaintiff in relation to the “protruding part” of the instant patent invention ought to be seen.

A. Organization of issues

The scope of the patent claim of the instant patent invention under Paragraph (1) refers to “the creation of protruding part in the place where the sample introduction and the duplicate donation are delivered,” and the patent invention of Paragraphs (3) through (16) of this case refers to the subordinate claim of the instant patent invention under Paragraph (1) of this case, which is directly and indirectly cited the said part.

The following is to examine whether the descriptions of the claim related to protruding part are not supported by the detailed description of the invention, or whether the detailed description of the invention related to protruding part is not stated to the extent that the ordinary technician can easily implement it.

B. Legal principles necessary for judgment

Article 42(4)1 of the former Patent Act (amended by Act No. 8197, Jan. 3, 2007; hereinafter the same) requires “the scope of a patent claim shall be supported by a detailed description.” The meaning of a claim is that, based on the level of technology as at the time of the patent application, a person’s ordinary technician can understand the technical composition, combination, and effect of the patent claim only by the description in a timely way consistent with the description’s contents (see, e.g., Supreme Court Decisions 2004Hu120, May 11, 2006; 2010Hu2582, Oct. 13, 201). Meanwhile, if a person obtains a patent by stating matters not stated in the “detailed description of the invention” in the specification attached to the patent application, the determination of whether the invention falls under the scope of the patent claim(s) and the patent claim(s) cannot be made in accordance with Article 20(1)1 of the former Patent Act.

In addition, Article 42(3) of the former Patent Act provides that "The detailed description of the invention shall state the purpose, composition, and effect of the invention to the extent that it can be easily implemented by a person with ordinary skills." The purport is to clarify the technical content and scope that a third party intends to be protected as a patent by disclosing the contents of the invention claimed in the patent application only with the specification so that the third party can easily understand them, so that a person with ordinary skills can understand the invention accurately and accurately without adding excessive experiments or special knowledge in light of the technical standard at the time of the application by the specification (see Supreme Court Decisions 2004Hu3362, Nov. 25, 2005; 2010Hu2582, Oct. 13, 2011, etc.).

C. Specific determination

In the specification of the patented invention of this case, a comprehensive setting of the position of protruding part, “a structure in which a protruding part is formed at a point in which samples are introduced,” and a comprehensive setting of the position of protruding part, “a structure in which a protruding part is to be formed at a point in which only the part in which samples are introduced (101) is explaining the role or function of the protruding part, “a function to minimize the phenomenon of protruding plates that may arise from the plucking part (or the intersecting part) which is likely to occur from the plucking part (or the intersecting part).” In addition, a protruding part formed in a protruding part

However, in light of the circumstances described below in paragraphs (1) through (5), the patented invention of this case and paragraphs (3) through (16) of this case, which directly or indirectly cited the patented invention of this case containing "protruding", cannot be understood as a combination and action effect of the technical composition related to protruding out part within the scope of the patent claim only by the specification, or in light of the technical formula at the time of the above application, it is impossible for a person with ordinary skill to expand or generalize the contents of extruding out part within the scope of the patent claim, or to accurately understand the patented invention without adding excessive experiments or special knowledge to the level of technology at the time of application, and at the same time, it is difficult to see that the patent invention of this case is not supported by the detailed description, or that the purpose, composition and effect of the invention are not stated to the extent that the person with ordinary skill can easily practice the patented invention.

① The specification of the instant patent invention only states that “it may be caused by plplicates (or intersecting point) in which samples introduced (101) are plucked or plucked,” and it does not clearly state what structural problems arise due to the e-mail or blood dynamic nature, and it does not seem that the specific contents of e-books are self-written to ordinary technicians.

(2) Therefore, it is difficult to easily grasp whether the protruding part can prevent the protruding part from occurring in a certain position in a certain size and form.

③ Furthermore, the effect of the instant patent invention due to protruding out portion appears to be “able to make a correct measurement” (the Defendant’s attorney also stated to the effect that “the effect of the instant patent invention due to protruding out part on the second date for pleading is to achieve the accuracy of measurement by reducing or preventing the phenomenon of protruding tickets”). As such, the effect of the instant patent invention is abstractly stated as above, so it is difficult to easily understand whether the said effect of the instant patent invention has been actually achieved if the protruding part forms a specific size and form in a specific position.

A person shall be appointed.

④ In the specification of the patented invention of this case, the specification of the patent invention of this case states, “The protruding (103) shall play a role in minimizing the phenomenon of the eroding diskettes that may arise from the erode (or the intersecting point) which is plucked or plucked by the entrance (101) and the entrance (102) of the sample introduction channel (101) by providing a small number of extra space at a point where the sample introduction channel (101) and the entrance (102) are carried out. The entrance (or the intersecting point) of the entrance (101) of the sample introduction channel (10) are in contact with the electric gap, and it does not have any problem that it is impossible to measure the erodingket if there is any problem that the eroding ticket is impossible to measure.” Thus, even in case where protruding part such as the implementation example is formed, the protruding part cannot solve the technical problem of the patented invention of this case.”

[A] The defendant asserts that if the defendant forms protruding parts, he transfers the position of protruding diskettes due to the unemitting internal air to the outside of the intersecting point where the main measurement of protruding parts is conducted, and that it can achieve the effects of minimizing the protruding diskettes from the intersecting point of view, the plaintiff's 4th same week is the same as the size of protruding plates. As such, the measurement error due to the existence of protruding parts in the protruding part may be removed through the calib Corporation (calib Corporation). This argument is to the purport that the calib Corporation's measurement error in the protruding part is the name of an ordinary technician. However, even if the protruding part of the protruding part is identical by protruding part, even if the protruding part of the protruding part is identical, it is difficult to conclude that the size or shape of the protruding part of the protruding part in the same manner is identical to the size of the protruding part in the No. 1308, such as the blood nature of the subject of measurement.

A person shall be appointed.

A person shall be appointed.

⑤ The Defendant asserts to the effect that, if the protruding part is formed as a example, the protruding part can minimize the formation of a protruding ticket due to ex officio ex officio (the part on the right side of photographs and the part on the right side) and that the protruding part will assist the discharge of the internal air above the Gu seat (the part on the discharge of the Gu seat effectively through the formation of protruding flow) by forming a revolving flow, even though the protruding part has the effect of reducing the protruding ticket by facilitating the flow of blood due to the formation of protruding part, as seen in the above Section 1, even though the protruding part has the effect of reducing the protruding part by facilitating the flow of blood, as seen in the above paragraph 1, it is difficult to grasp what structural problems arise in the protruding part and what detailed contents of the protruding part arise due to the dynamic nature of blood and what kind of the protruding part can be easily determined in the formation of a protruding part differently from the above implementation part, it is difficult to achieve the accuracy of the protruding part in the form of the protruding part.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

D. Sub-committee

Therefore, since the patented invention under paragraphs (1), (3) through (16) of this case is not written in the specification, the registration should be invalidated without further examining the remainder of the plaintiff's remaining arguments.

4. Conclusion

Thus, the decision of this case with different conclusion is unlawful, so the plaintiff's claim of this case seeking the revocation of the decision of this case is justified and it is so decided as per Disposition.

[Attachment]

Judges Shin Young-hoon (Presiding Judge)

1) At the time of the instant decision, the invention was identified as comparable invention 3.

2) The Plaintiff asserts to the effect that “the claims for patent of the instant patent invention, in particular, claims 1, an independent claim, constitute grounds for lack of description as follows,” and in the end, the Plaintiff asserted that there is a ground for lack of description even in the instant patent invention, which is a dependent claim citing the portion concerning lack of description as to the instant patent invention 1, which is a dependent claim citing the part concerning lack of description as to the instant patent invention as to the instant patent invention.

3) In the specification of the patented invention of this case, “The method of manufacturing the flat bioscopon may be made in parallel with the intermediate board (or 300) (or 200) by scophering the upper machine board (or 300) above the middle board (200),” with regard to the method of manufacturing the flat ioscopon (i.e., “the foregoing scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scop

Note 4) Total : the specific number of products produced once.

Note 5) appears to be a clerical error in “103”.