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(영문) 특허법원 2018.02.02 2017허4426
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. The process of the instant trial decision (Evidence 1) (Evidence 1) by the Defendant against the Plaintiff on January 4, 2016, the Plaintiff’s patented invention described in the following B (hereinafter “instant patented invention”) at the Intellectual Property Tribunal against the Plaintiff.

(2) On June 21, 2016, the Plaintiff claimed a registration invalidation trial against each claim of the instant patent invention, and claimed that “the nonobviousness of the invention described in each claim of the instant patent invention is denied by prior inventions 1 through 4.” In the course of the said trial, the Plaintiff deleted the claim No. 8 on June 21, 2016 and corrected the claim No. 5, 9, 10, and 28 through 31.

A request for correction as described in the subsection (hereinafter “instant request for correction”) was made.

(3) On April 25, 2017, the Korean Intellectual Property Trial and Appeal Board (hereinafter “instant request for correction”) deliberated on the instant claim No. 1 of the patented invention as “the correction invention under Paragraph (1) of this case,” and the remaining claims in the same manner according to the sequence thereof.” On April 25, 2017, the Korean Intellectual Property Trial and Appeal Board (hereinafter “instant decision”) reviewed the instant case as 1 of the Patent Trial and Appeal Board (hereinafter “the instant request for correction is legitimate, but a request for trial on the claim No. 8 deleted by the request for correction is dismissed, and the instant inventions Nos. 1 through 7, 9 through 36 can be easily claimed by a person with ordinary skills by combining the instant invention No. 2 of the Prior Invention or the prior invention No. 2 of the instant case with the prior invention 1 or 3

(b) The name of the invention of this case (Evidence A 2) 1: the name of the invention of this case means eating grass in non-speaks where there are mineral speaks, including speaks and/or teas and organic kypy acids.

In that the patented invention of this case plays the same role as a grass and performs the function as a combined system, the term “spatisf” was used.

2) Formations and satisfyd products 2) International filing date/ Translation Submission Date/Registration Number: under the bottom of the correction before and after the correction of the claims before and after the due date of Dec. 4, 2008 / June 30, 2010 / Patent No. 15578453).

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