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(영문) 특허법원 2016.12.15 2016허1680
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case summary

A. 1) On February 17, 2015, the Defendant’s name was made against the Plaintiff on February 17, 2015, with the aim of using high molecular synthetic resin, made by moleculing the upper part of optical fibres, which is “(s) mix mix mix mix and mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix mix and mix mix mix mix mix mix mix mix mix mix mix mix,

) Claim 1, 2, 3, 5 through 13, 15, 16, and 18 of the Patent Act did not meet the requirements stated in the specification under Article 42(3)1 and 4(4)1 of the Patent Act and claimed a trial for invalidation of registration (2015Da528). On November 27, 2015, the Plaintiff filed a request for correction of the scope of the patent invention of this case (hereinafter “instant request for correction”) in a trial for invalidation of registration.

3) On January 21, 2016, the Korean Intellectual Property Trial and Appeal Board recognized the correction request of this case (hereinafter “instant claim 1” and “the correction invention of this case’s correction request of this case’s correction of this case’s correction of this case’s correction of claim 1”) and ② the correction invention of this case’s 1, 3, 5 through 13, 15, 16, and 18 on the ground that the non-obviousness is denied without meeting the specification under Article 42(3)1 and 42(4)1 of the Patent Act. ③ The correction invention of this case’s correction of this case’s correction of claim of this case’s correction of this case’s correction of claim of this case’s correction of this case’s correction of claim of this case’s correction of this case’s correction of claim of this case’

B. B. The filing date of the instant patent invention (No. 3) / the patent registration date: August 19, 2008 (No. 18, 201) claims (the correction was made upon the instant request for correction).

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