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(영문) 특허법원 2018.02.06 2017허1106
거절결정(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On May 27, 2014, with respect to the Plaintiff’s invention in this case, the examiner of the Korean Intellectual Property Office: (a) on May 27, 2014, the claim “(1) through (3) claims are as follows; (b) 【 Claim 1’s 【Chyr-Saciated Products containing Chypium 1’s 【Chyr-Saciated Products 2’s 【 Claim 2’s 【Ch. ” 【 Claim 3’s 3’s Mea-Saciated Product 3’s Meaciated Products ; (c) since the description of the invention cannot be seen as clearly stating the claim(s) and the description of each claim(s) cannot be seen as clearly stating the content of each claim(s) to the extent that the description of the invention can easily be seen as objectively and objectively indicating the content of the invention’s content and content of the invention(s).

(2) On November 27, 2014, the Plaintiff submitted a written opinion and amendment. However, on April 1, 2015, the examiner of the Korean Intellectual Property Office rendered a decision of refusal on the ground that “The detailed description of the instant patent application does not include any quantitative data that can objectively grasp the pharmacological effect of “non-productive cancer, thirrheat cancer, or thomic cancer” of the amended Claim 1, or any specific content that could substitute for such data, and thus, the detailed description of the invention cannot be deemed to have been written in a way that ordinary technicians can easily practice the invention.”

(3) On July 2, 2015, the Plaintiff filed a petition for an appeal against the foregoing decision of refusal (2015 Won3824). However, on December 13, 2016, the Intellectual Property Trial and Appeal Board dismissed the Plaintiff’s appeal on the same ground as the above decision of refusal.

B. The Plaintiff’s instant case.

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