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(영문) 대법원 2015.03.20 2012후3114
거절결정(특)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

According to the records, the claim No. 1 (hereinafter referred to as " Claim No. 1 invention of this case") of the patent application invention of this case (hereinafter referred to as "G") in the judgment of the court below with the name "G" can be confirmed as follows: (a) the original part selected as raw materials of the building members who intend to construct the building is not subject to traceability with code including country of origin, rack number, etc.; and (b) the number of building members and the number of assembly of the building members constituting the hanok constitutes the above racker server with the above racker with the above racker, and the number of building members with the above racker with the above racker with the above racker, and the number of building members consisting of the above racker installed in the above racker with the above racker with the identification of the building members consisting of the above racker installed in the construction absentee processing unit; and (c) the construction number is confirmed as one of the building members with the above rack number included in the building code."

Examining the instant Claim 1 in light of the relevant legal principles as indicated in the lower judgment, the instant Claim 1 invention contains “the hanok architectural phase in which hanok is constructed by using the string number confirmed by the building members,” as one of its core elements. However, as there is a lack of detailed technical composition related to the construction of hanok by using the cap number, in order to realize it, it is required that a human being confirms the cap number of building materials and the assembly information stored in the server and place and assemble the building materials in an appropriate place, etc., and thus, it is required to make a mental judgment or artificial decision, such as placing and assembling the building materials at an appropriate place. As such, the technical idea utilizing the law

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