(영문) 특허법원 2007.10.5.선고 2006허11763 판결

A. The name of the invention claimed in this case (1) : the filing date/the application number: May 19, 2004 (the initial patent application is a divisional application). (The initial patent application is a divisional application on September 10, 199.)

The purport of the invention of No. 1999- 7008254 applied for patent, and the international application of the original application is an international application number CA1998- 00207 applied on March 10, 1999), 2004 - 7007639 (3) invention

The patent application invention of this case is related to the method of manufacturing improved tamper for sports and the method of forming the sports tamper on the surface of the human tamper, and the method of forming the above tamper on the surface of the human tamper. In ordinary tamperydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydyd

In addition, since the flow of water that is generally passing through the turf and the turfing layers that are hosting in order to attach the turf to the turf, there is no impermeability (impermeability), even though the turf uses a method of making the turf into the turf for the proper drainage of the turf, but the turf has a decline in the turf's drainage capacity and the turf has been lost.

In addition, dump dump sets are highly likely to be injured by athletes because they are dumpeding and are not easy.

The patent application invention of this case aims to provide a man-defluence for sports events having improved the above terminals, and to form a sports racul and provide a method of creating man-defluor and a method of creating such a method on the surface of man-defluor and man-defluoral surface. (4) The claim(s) of this case (the final correction was reflected on June 9, 2005)

청구항 1. 유연한 다공성의 받침부재와, 이 받침부재상에서 상방 돌출되어 잔디의 결을 나타내도록 한 평행한 열의 인조리본과, 받침부재상에 포함되는 미립자층을 포함하는 인조잔디에 있어서 ( 이하 ' 구성부분 ① ' 이라 한다 ), 리본의 한 열과 코팅재의한 열이 서로 겹쳐지는 방식으로서, 투과성 섬유재인 상기 받침부재의 후면에 형성된 다수의 코팅재의 열 각각에 다수의 리본 열이 서로 대응되며 겹쳐져 부착되고, 상기 각 코팅재의 열은 받침부재에 코팅재로 덮혀지지 않는 협소한 배수용 영역을 제공할 수 있도록 서로 일정 간격으로 형성되며 ( 이하 ‘ 구성부분 ② ' 라 한다 ), 상기 받침부재상에서 리본이 수직으로 지지되도록 모래와 극저온에서 부수러진 ( 이하 바른 표기인 ‘ 부스 러진 ’ 으로 표시한다 ) 고무의 혼합물인 미립자층이 충진 [ 이하 바른 표기인 ‘ 충전 ( 充眞 ) 으로 표시한다 ] 된 것 ( 이하 ‘ 구성부분 ③ ' 이라 한다 ) 을 특징으로 하는 인조잔디 . ( 나머지 청구항 및 도면은 별지 제1항과 같고, 각 청구항의 발명을 이하 ' 이 사건 제1 항 발명 ' 과 같은 방식으로 표시한다 )

(b) A comparable Invention 1 (No. 2)

Invention 1 is published in No. 7-4504 of the Japan’s Publication Model Gazette published on January 24, 1995, and is related to “unexploitable sand mixing” without being lightized even after a long time has elapsed due to a simple structure, and detailed summary of the technology and drawings are as shown in attached Form 2. (2) Invention 2 (No. 3) of comparable Invention 2 (No. 3)

Cited Invention 2 is indicated in the Japanese Patent Gazette No. 6-220811, published on August 9, 1994, and the summary of the technology and the drawings are as shown in the attached Form No. 2. (3) Cited Invention 3 (No. 4)

Cited Invention 3, published on April 18, 1995 in Japan’s Patent Gazette No. 7-102515, which is published on April 18, 1995, is the summary of the technology and the drawings are as shown in attached Form 2.

C. Details and summary of the instant trial decision

On August 10, 2004, the Korean Intellectual Property Office notified the applicant to present his opinion on the grounds that the nonobviousness of the specification and the scope of the claims is not recognized by the cited Invention 1 or 3, and that the applicant is not entitled to registration due to the lack of non-obviousness. On June 9, 2005, the Plaintiff amended each of the instant Claims 1, 4, 7, and 8, and submitted an amendment to delete all of the remaining claims. However, the Korean Intellectual Property Office rendered a decision of refusal on the grounds that the amended inventions on October 26, 2005 were not recognized as non-obviousness compared to the cited inventions 1 or 3.

Accordingly, on November 24, 2005, the Plaintiff filed a petition for a trial against the above decision of refusal. The Intellectual Property Trial and Appeal Board tried the above case with KRW 2005 won and KRW 8054, and on November 24, 2006, the Patent Trial and Appeal Board dismissed the Plaintiff’s petition without examining at all about the non-obviousness of the remaining claims except for the invention of this case, on the ground that “The invention of this case is not recognized non-obviousness for the same reason as the decision of refusal, and where the claim of this case has several claims, if there are grounds for rejection, the application must be rejected.”

【Evidence: lack of dispute, evidence Nos. 1 and 2, evidence No. 1 to 4, and evidence No. 2 through 4】 2. Determination as to the legitimacy of the trial decision of this case

A. The issues of the instant case

The key issue of this case is whether the invention of this case is inventive step or not.

B. As to the determination of inventive step of the Claim 1 invention of this case (1)

The instant Claim 1 invention and the cited inventions 1 through 3 are aimed at providing both carbon or drainage to an artificial turfic structure similar to a natural turfic book, and there is no difference in the ultimate purpose.

그러나 위 발명들의 구체적인 목적과 기술적 과제에 관하여 보면, 이 사건 제1항 발명은 인조잔디 구조물의 배수성능과 복원력을 보다 향상시키고자 하는 것을 주요목적으로 하고 있으나 ( 을 제1호증의 2, 제8면 식별번호 < 30 >, < 31 > 참조 ), 비교대상발명 1은 모래 등 무기질입상물층 ( 無機質粒狀物 ) 을 고무 등 탄성분입상물층 ( 彈性粉粒狀物層 ) 위에 층상으로 배치하여 시간이 오래 경과하더라도 경화되지 않는 인조잔디의 제공을 목적으로 하고 ( 을 제2호증의 번역문, 제1면 제7행 내지 제12행 ), 비교대상발명 2 는 고비중 ( 高比重 ) 의 상부쿠션층과 저비중 ( 低比重 ) 의 하부쿠션층으로 이루어진 2개 층의 쿠션층 위에, 모래 혼입 인조잔디를 설치하여 쿠션성 즉, 탄력성이 충분하면서도 지나치게 푹신푹신하지 않아 운동을 하기 용이하고 완충 효과를 기대할 수 있는 인조잔 디가 설치된 그라운드의 제공을 목적으로 하며 ( 을 제3호증의 번역문, 제1면 제7행 내지 제12행 ), 비교대상발명 3은 지표면에 요철이 있는 경우, 그 위에 설치된 고무판과 인공잔디 구조물의 표면에 요철이 발생하는 문제점을 해결하기 위하여, 인공잔디구조물의 하부에 선조체 ( 線條體 ) 와 탄성체 ( 彈性體 ) 소편 ( 小片 ) 으로 이루어진 하부구조물을 설치하여, 바닥면의 요철에 영향을 받지 않고, 천연잔디와 유사한 연질의 접촉감과 시공상 평탄도를 용이하게 얻을 수 있는 인공잔디 구조물의 하부 시공방법을 제공하는 것을 목적으로 하고 있으므로 ( 을 제4호증의 번역문, 제2면 제7행 내지 제9행, 제15 행 내지 제18행, 제20행 내지 제27행 ), 이 사건 제1항 발명과 비교대상발명 1 내지 3은 그 구체적 목적이 상이하다 .

(2) Part 1 of the composition comparison (A) ① The main component is that the technical field of the instant Claim 1 pertains to “human turdy,” and it is a premise that the main component is that the instant Claim 1 pertains to “surdy,” and that the main component is that “surdy, (3) (hereinafter referred to as “surdy of the constituent elements”) and “surdy,” a man-made watch (7) (hereinafter referred to as “the constituent elements”) in which the upper part of the instant Claim 1 does not stick out and present turdy, so that it can present turdy with it.”

Part 1 A components correspond respectively to "a flag board [form] (1) of comparable invention 1, "the base board [Attachment 2]," "non-support of comparable invention 2," "(31)" of comparable invention 3, and "a flag (base) in which a file in the twitd form is concluded (4)" of comparable invention 3, and each of the above components is identical in that it is the absence of fixing both human lighting (7) or turf (2), file file (32), and turf file (12). In particular, each of the above response elements of comparable invention 2 and 3 are flexible and different from the textile material.

In this respect, the components are the same as that of the components.

Part 1 of the component (B) of the comparable invention 1 is corresponding to the “didar (2)” of the comparable invention 2, the “didar (32) file file of the comparable invention 2” of the comparable invention 3, and the “didar-type file (12)” of the comparable invention 3, and each of the above components is the same in that the aforementioned components function as didar in man-dedar, but there is a difference from each of the above response elements of the comparable inventions in that the elements are called “(7)”. The instant Claim 1 invention is made in the form of the parallel of this part (7) of the comparison invention 2, as seen below, the following parts can be seen as constituting a didar of the subsequent part (3) of the comparable invention 4, which is corresponding to the column of the main part (7) of the comparison invention 2, which is composed of didar-type (7,000,0000).

Part 1: “A component” of the comparable invention 1 is identical in that it carries out the function of “shot-containings (3) and inorganic-containings (4)”, “sul-storys” of comparable inventions 2, and “sul-storys (4)” of comparable inventions 3, and “sul-storys (7)” of comparable inventions 3, each of the above components is identical in that it carries out the function of making man-mades (7) or turfs (2), files (32), and tarf files (12).

(B) Part 1) The composition part of the instant Claim 1 (2) invention 2 is composed of 'brupt 1 (7) 'brupt 1)' composed of 'brupt 1 (3) 'brupt 1) 'brupt 1 (10) 'brupt 2) 'brupt 2 (2) 'brupt 2)' and 'brupt 2 (31) 'brut 1 (4) 'brupt 10' 'brupt 2) 'brupt 2' on the upper part of comparable invention 1', 'brut 31', '3 (31) 'brut 15 (4) 'brut 10) 'brut 2) 'brut 10 (2) 'brut 10) 'brut 2.

2) Since part 2 of the 3th floor of the 1st floor of comparable invention is composed of a 1st floor non-contestable 3th floor, it is necessary to form a non-contestable 3th floor with non-contestable 1th floor (hereinafter “contestable 3th floor”) which is composed of a non-contestable 3th floor and a non-contestable 3th floor (hereinafter “contestable 3th floor”) which is composed of a non-contestable 1th floor and a non-contestable 3th floor (hereinafter “contested 1”) which is composed of non-contestable 3th floor with non-contestable 3th floor, it is not possible to form a non-contestable 2th floor with non-contestable 3th floor (hereinafter “contestable 2ndic 3th) as well as a non-contestable 3th floor with non-contestable 3 second floor.

2) As to this, the Defendant asserts that: (a) the constituent part ① forms a narrow drainage area by the co-rating floor in the part of the artificial turf heat; (b) the drainage performance depends not on the shape of the drainage area, but on the number or scope of the drainage area; (c) the drainage performance depends on the number or scope of the drainage area; (d) there is no difference in the drainage area and the drainage effect of comparable invention 1; and (b) the constituent part requires a close work to form the drainage area; and (b) it is not easy to work.

(3) The Defendant’s assertion that there is no technical significance in terms of the following: (i) the composition of the remaining parts of comparable invention 1 is different from that of comparable invention 1; (ii) the composition of the remaining parts of comparable invention 2, which are composed of a horizontal water drainage effect; and (iii) the composition of the remaining parts of comparable invention 1, which are composed of 2, 3, 4, and 6, 3, 4, 500, 1,000, 1,000, 2,0000, 3,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00).

(3) The response composition between the constituent part and the comparable invention 1 is the same as that of sand and rubber, but the component part 3 is different from the comparable invention 1 in that the composition is limited to rubber from the extreme temperature to the string, and it does not place sand and rubber in a separate floor.

2) As to this, the Defendant asserts that (a) the composite undivided floor was included in the specification of the invention in the instant application, as well as in the previous technology; (b) it is merely a simple design change of the structure on the floor of comparable invention 1 because of the lack of uniformity in mixing; and (c) the claims of the instant application only stated that “the claims of the instant invention are laid down at the low temperature,” which is an invention of a product by a method described, cannot be the characteristics of the instant application invention; and (d) the rubber does not appear to have any degree, form, and form; and (e) the specification of the instant application contains only the shape of the rubber laid down at the low temperature in order to use the rubber for turdy, and that in order to use it, the rubber should be added in a certain form, and thus, the aforementioned description alone does not have any features by the “construing from the low temperature” in the previous decision of rejection, as long as it does not constitute the grounds for the Defendant’s new decision of rejection in the instant application.

Unless there are any special circumstances to deem otherwise, the court may render a basis for a trial and judgment without restriction. However, the reason for the decision of refusal and another new reason for rejection that are different from that of the decision of refusal cannot be deliberated and determined in the above litigation for cancellation of the trial decision (see Supreme Court Decisions 2001Hu1617, Feb. 26, 2003; 2004Hu356, Jul. 22, 2004); and the reason for rejection that denies inventive step based on the grounds for rejection of the decision of refusal that denies inventive step based on the invention described in the published publication and the description of the application invention are inconsistent with that of the applicant; thus, the latter constitutes a new reason for rejection that allows the applicant to submit a written opinion (see Supreme Court Decision 2001Hu2757, Oct. 10, 2003).

According to the statement in the above case, the Korean Intellectual Property Office may recognize the fact that the patent application was based on the comparable invention, which is a publication published as a ground for rejection of the patent application invention of this case. The defendant's assertion that the part of the patent application of this case was a technology published by previous technology as stated in the specification of the patent application of this case, constitutes another ground for rejection. According to the evidence No. 1, the trial decision of this case merely follows the comparable invention on the ground of denying the inventiveness of the patent application of this case, and there is no evidence to acknowledge the fact that the defendant granted the plaintiff an opportunity to present his opinion with respect to the previous technology as stated in the specification of the patent application of this case. Thus, at the litigation stage of this case seeking the revocation of the patent application of this case, the defendant cannot assert the new ground for rejection, and the defendant's assertion in this part of this case is without merit without further review.

4) Following the Defendant’s assertion on the change of design (hereinafter referred to as “the above-mentioned Claim 1”), the detailed description of the cited invention 1 is “a rubber chips that dipates synthetic or natural rubbers.” In addition, entry of first or second-class gars of wooden material (3) is desirable. In general, 0.7 - No. 18 pages or second-class 2mms are written on the top of the above-mentioned Claim 4 stories, and the above-mentioned Claim 4 stories are non-exploitable with non-exploitable material (4) containing non-exploitable material, such as non-exploitable material (3) containing non-exploitable material, and thus, it is desirable that the non-exploitable substance is non-exploitable with non-exploitable material (4) containing non-exploitable substance (4) containing non-exploitative substance, such as non-exploitative substance.”

5) Lastly, the defendant's "the rubber argument laid down at the extreme temperature is examined as to the rubber argument," and the specification of the patent application invention of this case is "it is possible to make prompt drainage because the rubber participants created at the extreme low temperature are more easily damp than those not generated at the extreme low temperature." (No. 1-proof No. 1-2, No. 11-2, No. 11, No. 46)," and "the rubber non-performance of rubber generated at the extreme low temperature (the rubber non-performance of rubber - cryogenic 7) is not generated at the extreme low temperature (the non-performance of rubber - rubber that has become irber that has become cryogengenit 7)."

(3) A rubber operator shall be deemed to have a high quality of rubber in its upper direction when he divings by water that changes the turf quality of turfy which can cause losses to the unrecogn, and the quality of turfy." (The above surface identification number is less than 47; 48; hereinafter referred to as "curfyer") and "the rubber generated from the extreme temperature is generated in the process of converting the turf into the middle and high temperature by manufacturing rubber generated from the extreme temperature." As rubber has a high quality of rubber, it shall be deemed to have a high quality of rubber, which shall have the same function as that of the Defendant's turfy in comparison with that of the other turfyer, and it shall be interpreted to have a high quality of rubber, which shall have the same effect as that of the other turfyer's turfy in comparison with that of the other turfyer's turfy.

The instant Claim 1 invention does not require work to form a separate project hole on the floor material for drainage compared with the cited inventions as seen above, and only a simple work of melting only the heat part of the artificial turf, which is solidly combined with the floor material, can secure a drainage area, and reduce costs by reducing the turfing area. Furthermore, compared with the composition of turf solely composed with sand or on the upper floor, the turf’s life is reduced by the use of artificial turf, and the turf’s life is increased, and the effect of turfing is lower than that of the players who engage in turfing on the floor, and the turf’s injury rate can be improved, and the turf’s damage effect can not be reduced from the turf’s surface to the turf’s surface, and it is not easily sturfed from the turf’s surface to the sturf’s surface.

Therefore, the Claim No. 1 invention of this case can recognize the significantly improved effect compared to the cited inventions.

(4) As a result of comparison, the Claim No. 1 invention of this case differs from the cited inventions, specific technical tasks and solution methods are different from those of the cited inventions, and special characteristics are recognized in technical composition and substantial action effects are recognized. Thus, a person with ordinary knowledge in the relevant technical field cannot easily make inventions by the cited inventions.

C. Sub-committee

The instant Claim 1 invention cannot deny inventive step by means of comparable inventions published in the publication published prior to the filing of the application. However, the instant trial decision, unlike this conclusion, denied inventive step of the instant Claim 1 invention, and did not entirely deliberate and decide on the inventive step of the remainder of the claims. Thus, the instant trial decision was unlawful.

3. Conclusion

Thus, the plaintiff's claim by the succeeding intervenor seeking the revocation of the trial decision of this case is accepted on the grounds of merit.

Judges

Judges of the presiding judge;

Judges Kang Tae-tae

Judge Han Dong-soo

Site of separate sheet

1. The patent application invention of this case

(a) Claims;

1. Omitted claims;

Claim 2, 3: (Elimination)

4. Claim : Claim 1; Claim 2; Claim 4. Protruding out above in the absence of bed and protruding off; and

Note 1 to this title, as well as any other section of this title, in respect of the members of the same title.

(2) A man-brudy, including but not limited to any non-refluent material found on a relatively unfluent floor in the face of the project;

For purposes of this section, the extent between the non-permanent timber of the old shape with carbon and the non-permanent timber of 4 to 70 mers;

The thickness of the above sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-substation

SECTION 201, 2/3,000, 2/3,000

The sub-storys shall be composed of the sub-storys of 40 to 70 Si roads, and those of 15 to 30 Si roads.

personal turf whose characteristics are those of this section.

Claim 5, 6 (Elimination)

7. For claims 7. In paragraph 4, non-permanent materials with the above carbon capacity shall be coke, styren, use

Then selected from among others with the characteristics of satisd in extreme temperature, such as satise typhe, etc.

Any of the foregoing non-permanent materials shall be any of the following categories, and any of the foregoing non-permanent materials shall be softened, well-known, well-known (graded) stone

b) human turf, one of which is selected, characterized by any one.

8. Claim 8. Spandeed absence and protruding out above in the absence of intrusion; and

support the man-help of the parallel heat that shall be paid and any dives located above the above in the absence of the above-mentioned dives

For man-U.S. Haddi, including the non-permanent layers resulting in the absence of bed, this part of this title shall:

For the purpose of providing a surface fiber that complies with the conditions of pre-determined Handd (Field), the person shall have lectures;

Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and Li and L

Having thickness of micron (micons) and 11,00 cubic den (deni) and Li with the said flexibility:

80 The thickness of micron 5,600 to 10,000 can be characterized by the thickness of micron 80.

Claim 9, 10

(b) Drawings;

A person shall be appointed.

Do2

Do3 Do4

A person shall be appointed.

Do5 Do6

Do 8 Do8 9

2. Cited inventions;

(a) Cited Invention 1

(1) A summary of the technology

Invention 1 (Nos. 2, 7- 4504, January 24, 1995)

for a long time due to a simple structure, but not solid sand mixing;

As an " Artificial Purd", its main contents are on the surface of the reart (form) machine board equipped with a projected machine (10). (1)

In the case of sand mixed turf (2) with galdys (ve plant establishment), rubber between the above turfs

(3) above the floor consisting of carbon ingredients of chips, etc. (3) above the floor, and above the above floor of carbon ingredients.

The characteristics of "those that are placed above the upper floor of inorganic products, such as sand, (4)" are characterized by "Iskin containing carbon ingredients."

In the case of the entry of the upper water, the upper water shall be smaller than the publication of the underground tweds, the average diameter of which is not more than 3m, and the general public.

In terms of 0.7 - Level of 2m is desirable, and “Inorganic powder products (iv) use for example sand.”

In addition, it is desirable to 0.5 - 1.5 m. for example, to the extent that it is equivalent to carbon ingredients.”

state that it is stated that it is.

(2) Drawings

A person shall be appointed.

Do1 Do1 Do2

B. Invention 2

(1) A summary of the technology

Consumed Invention 2 (No. 3, Japan’s Patent Gazette No. 6 - 220811, August 9, 1994)

쿠션성이 충분하면서도 지나치게 푹신푹신하지 않아 운동을 하기 용이하고, 무결점의 충분

an artificial turdy with a sand that can expect the buffer effect, as the note that: (a) the artificial turdy with a sand enters;

The required content shall be established on the ground [place] (1) above the second upper floor (21,22) above, and the second floor below the upper floor.

The upper floor of the Cuba shall be composed of the Cuba floor (21) of high-speed (high-speed) such as rubber Cuba Cuba, and

Lower floor is composed of cood floor (22) of low-water (e.g., e., polyethylene) such as polyethylene spathy, and upper floor;

The characteristics of "those with sand mixed turfy (3) installed on the scood floor above the 2nd floor."

(2) Drawings

A person shall be appointed.

Do1 Do1 Do2

31-Clives, 32-Clives, 33-L

C. Invention 3

(1) A summary of the technology

Cited Invention 3 (No. 4, Japan’s Patent Gazette No. 7-102515, April 18, 1995)

Symmetricism, which provides for the bombia and seeks to promote dymylology similar to natural bombia.

As a matter of official method, the main contents of which are “(B)(4) and artificial files of turfed form are created on the flag(s)(iv).

The body of the Republic of Korea and the body of the Republic of Korea, all of which consist of crypt, and which is annexed to the lower part of the body of the Republic of Korea;

(2) and (2) consisting of a number of shot bodies charged in the gap between the above shot lines (3).

Artificial Purdy is composed of "Inhuman Purdy" and as the example of Do 2, the line of "Inhuman Purdy Earye" in the body of the Republic of Korea

“Organizations with sand floor (13) between mentmenmen for protruding from the ground surface of the earth.”

be re-issued.

(2) Drawings

A person shall be appointed.

14 : 0 1 AIR 2 AITH. ID 1 ALTH 1

1 1

Do1 Do1 Do2

1- Artificial turf, 2- Linear (Roles such as wire, wire, nets, water nets, and water iron), 3-Rubber length, 4

- Racks (tamps, emblings, Pocks, etc.) - 5, 5-weeds, 10- Artificial residues, 11-Manogra

mentmen, 12 - Indidi-shaped files 13 - sand floor

- above -

참조판례

-대법원 2003. 10. 10. 선고 2001후2757 판결

-대법원 2003. 2. 26. 선고 2001후1617 판결

-대법원 2004. 7. 22. 선고 2004후356 판결

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