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(영문) 특허법원 2015.06.04 2014허5732
등록무효(실)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2014, the Plaintiff asserted that, in a trial for invalidation of the registration of the instant case, claims 1 through 4 against the Defendant who is the registrant of the Intellectual Property Tribunal, the Plaintiff was deprived of the newness of the instant registered petition under the prior petition No. 1 (Evidence No. 4) in the trial for invalidation of the registration of the instant petition. However, in the lawsuit for revocation of the instant trial decision, the Plaintiff acknowledged that the evidence No. 4 was a carh, published after January 30, 2012, which was after the filing date of the instant petition for the registration, on or after January 30, 2007, the date of filing of the instant petition for the registration. The claim No. 1 through 4, the prior petition for registration of the instant case, was published prior to the filing date by the Intellectual Property Tribunal, and from the prior petition

(2) On July 15, 2014, the Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s claim for invalidation of registration on the ground that the nonobviousness could be easily created, and that the nonobviousness could not be denied by the prior art. (2) The instant petition for registration was not publicly known prior to the filing by the prior art 1, and that the nonobviousness was not denied by the prior art 1.

B. The name of the Defendant’s registered device of this case (No. 3) 1: The filing date/registration number of wastewater, the excellent type din (din) type 2): the filing date/registration number: January 30, 2007; / December 14, 2007 / 20-4372223); the registered device of this case is about a typed din structure, in which wastewater and excellent water are discharged separately from wastewater (identification number 17; hereinafter referred to as a technology field; hereinafter referred to as the previous separate type dinator is formed in the upper part of the connected part connected to the inflow, and at the bottom, the connection part of the discharge pipe is linked respectively to the discharge pipe and the excellent discharge pipe.

However, there is a change in the direction of wastewater discharge pipes and excellent discharge pipes due to the situation of the construction site, such as achieving a mutual balance or keeping a vertical position.

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