205Heo11056 Decision of Refusal (Special Cases)

Theei (institut Francais du Peumle) after string strawle

France

Representative

Patent Attorney Kim J-jin, Counsel for the plaintiff-appellant

Patent Attorney Cho Jae-ra

The Commissioner of the Korean Intellectual Property Office

Litigation Performers Corresponding

October 17, 2006

November 29, 2006

1. The plaintiff's claim is dismissed.

2. The litigation costs shall be borne by the plaintiff.

The decision made by the Intellectual Property Tribunal on November 25, 2005 on the case No. 630 won on November 25, 2005 shall be revoked.

1. Basic facts

[Ground for Recognition: Unsatisfy, Gap evidence 1, Eul evidence 3, 5, 8]

On April 9, 1997, the Plaintiff filed a patent application with the name of "the method of manufacturing the third lelebine by demolishing the tearine corresponding to the specific promotions by using the third tearsen." On December 19, 2003 and June 30, 2004, the Plaintiff filed a written opinion and an amendment with the person with ordinary knowledge in the technical field to which the invention pertains before filing the patent application with the Korean Intellectual Property Office on the whole of the claim from the Korean Intellectual Property Office on June 30, 2004, to the effect that the invention could not be easily made from the comparable invention described in the attached Table 2. In addition, on December 31, 2004, the Plaintiff submitted a written opinion and an amendment to the effect that there was no non-obviousness, but on December 31, 2004, filed a decision of rejection on the ground that the above grounds for rejection was not resolved, and filed a petition for objection against the decision of rejection, as stated in the attached Table 1.

The patent application invention of this case is related to the method of manufacturing high-level 3 Algale lebin by demolishing the third alkylmeter, and it is characterized by using a promotion sheet containing polymuls type of polymulsive acid in the manufacturing process, and granting a specific range of relative pressure, temperature and HSV (the spatial speed expressed as part of material supplied for liquid per hour as part of material supplied for liquid per hour). The Patent Tribunal rendered the trial decision of this case as to the claim of this case to dismiss the plaintiff's claim on the ground that the invention of this case 1 was not non-obviousness as the ground for the decision of refusal.

A. Legal doctrine

In a case where a patent-registered invention expresses numerically the numerical value of elements that constitute the elements of an invention publicly known, if it is a simple numerical limitation to the extent that a person with ordinary knowledge in the art can properly select and execute it, and if it does not cause a different quality or significant operating effect within such limited numerical scope, the patent invention should be deemed null and void by satisfying the requirements of inventive step (see Supreme Court Decision 2003Hu100, Jan. 28, 2005, etc.).

B. Preparation for comparable Invention

[Grounds for Recognition: Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 9 (including branch numbers), rule of experience, and purport of the whole pleading] (1) Technical field and purpose of comparison

The Claim 1 invention of this case is related to the method of melting ethyl ethyl et al. [MTBE (MTBE), ethyl et al.] to manufacture high temperature 3 Alphin (Class 1) by melting ethyl ethyl et al. and manufacturing high temperature ethyl ethyl ethyl et al. Further, the invention is related to the technology which manufactures and uses high quality organic fluoride acids of quality, including snowpoot, and is related to the technology which manufactures and uses high quality organic fluoride acids of quality, including snowpoot. The invention starts the manufacturing method of 3th Alphine ethyl (TBE) by melting them. Thus, both inventions are substantially identical.

(2) The composition and effects of Paragraph 1 of this case are as listed in Appendix 1.1. The invention of this case is composed of one or more alkylphone acid, a alkylphoneic acid, or a alkylopopic acid, and (hereinafter referred to as "part 1 of this case"), (the other party) pressure is within the scope of 1 x 10a through 10 x 105 x 105 x (hereinafter referred to as "part 2 of this case"), temperature is within the scope of 100 x 250 x (hereinafter referred to as "part 3 of this case"), (hereinafter referred to as "part 3 of this case"), and (hereinafter referred to as "ratio 3 of HSV 4.3 through 251 x 4.4 x.3 x.

) First of all, the elements 1 correspond to "PPP 2" of comparable invention "(30 m. m. 2) with the size of 0.4 to 1.0m., the size of which is 0.0m..." The elements 3 appear to be substantially the same as the reaction condition of comparable invention "200m.", and the components 2 expressed the pressure range as a general reaction condition of this technology. It is not obvious technical difficulty or effect of components 1, 2, and 3. (c) In the case of paragraph 4 of the comparable invention, it is not indicated on the elements that directly correspond to the comparable invention or on HSV value, but in the end, 5m. h. 2m. m. m. 7m. m. - h. m. - m. 2m. m. m. - h. m. m. - m. m. - m. 3m. m. - m. h. m. m. m. - m. m. - m. m. m. m. m. e.

However, the specification of the patent application of this case contains "If high temperature is used by the method of this invention, the high activation of the promotions used in the method of this invention can be used in the HSV" (No. 3 of the evidence No. 8), and " HSV is a wave which is generally related to the operating temperature, so it is particularly possible to optimalize the rate of output by combining these two pages (in particular, the temperature and pressure) within the HS (the third lephin and alcohol, which are generated products, are kept the optimal choice for the third lephine and alcohol, and the 0th h 10th h 1st h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h l m h h m ll ll lll h h h l.

In addition, the effects of the invention of this case are as follows: (the other party) the pressure of the invention of this case 1 is 7 x 105Pa, average temperature of 121 x 4.3h x 24 x x 24 m, respectively, 96.7%, 99.7%, 99.7%, 99.7%, 98%, 199.9%, and 199.9%, but the result alone is that the choice value of the invention of this case is high in preparation for any HS V value.

It is difficult to find whether the above numerical value is high within all the limits of the above numerical value, and 2 is deemed to have been carried out, which shows the heating effect (T) due to the use of high HSV value, but all the HSV values are to show the fact that the heating effect (TT) increases due to the increase of HSV value within the HSV value of the invention of this case, and 3 is to show a clear fact that there is a rise in the absorption effect (TT). It is difficult to recognize that the implementation rate is less than 3% of the appraisal value of the above numerical value than 4.3h of the HSV value, and it is difficult for the Plaintiff to find that the implementation rate is less than 1% of the appraisal value of the above numerical value, or that it is less than 3% of the appraisal value of the above numerical value, and it is difficult for the Plaintiff to present the fact that the implementation rate is less than 1% of the appraisal value of the above numerical value, which is less than 3% of the appraisal value used.

D. As above, the instant Claim No. 1 invention simply combines the elements publicly notified by the comparable invention, etc. with the elements easily derived therefrom, and its effect appears to have been generally predicted by the combination of the aforementioned elements. The conclusion seems to be only to have shown the degree of effect that can be easily predicted.

Therefore, the Claim 1 invention of this case seems to be easily obviousness from comparable inventions by a person with ordinary knowledge in the art of this case, and thus, it cannot be registered as a patent due to lack of non-obviousness.

3. Conclusion

Therefore, as long as the patent registration of the invention of this case is rejected as there is a ground for rejection of patent, all patent applications of this case should be rejected. Accordingly, the trial decision of this case is legitimate, and the plaintiff's claim seeking revocation is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Ki-taik

Judges Dora-ok

Judges Kim Tae-tae

Site of separate sheet

1. Patented invention of this case (Evidence B Nos. 3, 5, and 8);

Claims

1. A abandonment of one or more alkylphoneic acid, analopphone acid, or an alkylphone acid type;

use promotions containing one or more of the polymers of polymers of polymers;

(Other party) 1 x 10a 10 x 105 x, and 100 x 250 cc.

HSV(the part of the raw material for supplying liquid per unit of time) shall be expressed as part of the part of the raw material for supplying liquid per unit of time.

2) The 3rdr of the 3rd Already (Class 3) in the reaction condition within the scope of 4.3 to 25h.

The method of manufacturing Alkin (Classs).

4. Claims 4. to 14., 16. to 19., and 21.22

2. Invention with comparable inventions (a certificate No. 7)

The term “containing YNNE” inserted in the Patent Gazette No. 5, 354, and 831 of October 11, 1994.

Poliopool organic acid, its production methods and use as inventions in the name of the column "," 6, for example:

Self-marnition sheet (30mm) containing galates and with the size of 0.4 to 1.0mm, external hives sheet (30mm)

Mereed with metal tubes of 12mm in heat, ethylt - Bethyl ethyl ether (Quality) with heat-resistant 12mm,

Injecting at a speed of 50 g/h) into the promotion bed and decomposed, gas released from the following promotions:

As a result of the analysis of Magropia, the conversion rate of ethyl - Bethyl ether under the reaction condition of 200C 200C

for 48 hours, almost 99%, and 95% or more of the reaction products, the reaction products of which are desired to be more than 95%

(End) include (End) the content of the dissolution.