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(영문) 특허법원 2017.06.23 2017허592
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. On July 28, 2016, the examiner of the Korean Intellectual Property Office held that the patent application of this case filed by the Plaintiff was an invention described in each of the claims 1 through 5, and 7 (hereinafter referred to as “the invention described in each of the claims”) on July 28, 2016.

(C) On August 29, 2016, the Plaintiff made a decision of refusal on the ground that the nonobviousness is denied by the prior invention described in the foregoing sub-paragraph (c). (2) The Plaintiff filed a request for reexamination while submitting an amendment to the claims, etc. on August 29, 2016, but the examiner of the Korean Intellectual Property Office rendered a decision of refusal on the ground that the nonobviousness is still denied by the prior invention, notwithstanding the foregoing amendment on September 29, 2016.

3) On November 29, 2016, the Plaintiff filed an appeal against the instant decision of refusal with the Intellectual Property Trial and Appeal Board (2016 won6776). However, on December 30, 2016, the Intellectual Property Trial and Appeal Board dismissed the Plaintiff’s appeal on the ground that “the invention claimed in paragraph (1) of this case is non-obviousness by the preceding invention, and the patent application is denied by the preceding invention, and, if the patent application becomes at least two claims, the patent application must be rejected as a whole if any ground for rejection exists in any of the claims (hereinafter “instant decision”).

B. The name of the invention claimed in this case (Evidence 3) No. 1: B refers to a longer electromagnetic wave than a longer wave, and the length of the strike is not less than 0.75 to 3rd, and not less than 25th, in the case of the invention claimed in this case.

(See Nurbber 2) filing date/application number 2: C/D 3) claims (as amended by the correction of August 29, 2016) 【 Claim 1】 In the external radiation heat equipment used for the dry season, cases (110), where the openings (11) are formed in the lower part (hereinafter referred to as “class 110”), and those installed in the lower part of the above cases (110), and where the sets (122) are formed on both sides, the set up at the lower part of the above cases (110), and the set up at the upper part (121), respectively.

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