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(영문) 특허법원 2016.07.08 2015허6374
등록무효(특)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2014, the Defendant filed a petition for a invalidation trial against the instant patent invention with the Intellectual Property Tribunal No. 2014Da910 on April 15, 2014, stating that “The instant patent invention is submitted to the cited invention 2 in the instant trial decision, which was disclosed prior to the filing of the application by a person with ordinary knowledge in the art (hereinafter “ordinary engineer”). Since the nonobviousness could be easily derived from the application, the nonobviousness is denied, and the registration is null and void pursuant to Article 29(2) of the Patent Act.” In the foregoing invalidation trial procedure, the Plaintiffs filed a petition for correction of the claims of the instant patent invention on July 15, 2015 (hereinafter “instant request for correction”).

(2) On August 31, 2015, the Korean Intellectual Property Trial and Appeal Commission recognized the instant correction request as legitimate (hereinafter “instant correction invention”) and rendered the instant trial decision that received the Defendant’s request for invalidation of registration on the ground that “the instant correction invention is denied by prior invention 1” and “the nonobviousness of the instant correction invention is denied by prior invention 1.”

B. The title of the instant patent invention 1) invention: C2) filing date/registration date/registration number: The patent holder: (a) claims 4) are registered, at the time of the registration of the claims 1: (b) claims 2: (c) claims 4: D/ E/F (the plaintiffs 4); (c) the pressure belt (4) and pressure belt (5) and pressure plate (5) are applied to the pressure belt (53) applied on the surface of the claim 1; (d) the pressure plate (3) and the pressure plate (5) are applied to the pressure belt (4); and (e) the movement (6); (7) the lower installments (7) established at a certain location of the pressure belt (4) applied above; and (7) the pressure belt (5) applied to the pressure belt (5) applied above; and (5) the pressure plate (5) has been applied to the pressure plate (51) applied to the same).

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