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(영문) 특허법원 2017.10.13 2017허3355
등록무효(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. On April 8, 2016, the Defendant filed a petition for a trial for invalidation of registration with respect to the claim 1 of the instant patent invention and claim 3 of the instant patent invention by asserting that “the claim 1 of the instant patent invention shall be denied by prior inventions 1 through 3, and the claim 3 shall be denied by prior inventions 1 through 4, respectively,” with the Intellectual Property Trial and Appeal Board No. 2016, April 8, 2016, the Defendant filed a petition for a trial for invalidation of registration with respect to the claim 1 of the instant patent invention and the claim 3 of the instant patent invention. In the trial proceeding, the Plaintiff filed a request for correction of the contents of the instant patent invention as described in paragraph

(2) On April 18, 2017, the Korean Intellectual Property Tribunal recognized the instant request for correction as lawful. On the ground that “The Claim 1 and Claim 3 of the instant patent invention corrected by the request for correction can easily be claimed from prior inventions 1 through 3, the nonobviousness of which is denied.” (B) the name of the instant patent invention (Evidence 3) invention is referred to as “the title of the instant patent invention: 2) filing date of the electrical line quarter 1/registration number: 10 (No. 9286973): On Nov. 19, 2009; 1) the instant patent application is formed on the ground that all those persons with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) can easily be claimed from prior inventions 1 through 3; 1) the instant patent application is formed on the ground that the instant patent invention is named as “the title of the instant patent invention (Evidence 3); 1) the instant patent application is linked to 13 (No. 16) main unit (No. 14) together with the instant main unit (No 14).

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