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(영문) 특허법원 2016.01.15 2015허4835
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. The title of the instant patent invention (Evidence A2) 1: C2) filing date/registration date/registration number: D/E/F3: Defendant 4’s claims (amended on June 19, 2015) 【Claim 1, 2, and 4”; on the other hand, the registration of the instant patent invention became null and void as the Korean Intellectual Property Trial and Appeal Board became final and conclusive on June 12, 2014 regarding the instant patent invention.

【Request 3】 The number in the upper right side is set up near the center and the upper side is wide, and the lower side means the number indicated in the narrow slope (4) in the main drawing sign of the patented invention of this case.

In both the patented invention of this case and comparable inventions, all of the patented invention of this case are indicated in the same manner.

In the main frame (2) of this formed body frame (hereinafter referred to as the "Composition 1") and the main body frame (hereinafter referred to as the "Composition 2") consisting of the opening line (11) on the left side of the main body frame (hereinafter referred to as the "former 1"), and connected with the opening line (10) from the left side of the front frame to the lower side of the front frame (8), and the opening line (7) connected with the opening line (9) on the upper side of the main body frame (hereinafter referred to as the "Composition 2"), the above opening line (7) is lower than the upper side of the main body frame (2) combined with the opening line (11), and the upper side of the upper right side of the main body frame (5) is high (hereinafter referred to as the "Composition 3). The main contents of the opening and closing frame and the main contents of the main drawing (14) [Attachment 4] and the main contents of the opening of the main body frame that are combined with the opening line (11).

B. The Plaintiff in the cited inventions submitted the cited invention 1-5 as reference material to determine the inventive step of the instant patent invention at the trial decision stage of the instant case, but did not submit a separate evidence in the instant lawsuit.

Invention No. 200-169082, Apr. 24, 2001, referred to as the prior art invention referred to as the prior art name between the two days of the Gu sectional art, which is the wheelchairs of the Japanese Patent Gazette No. 2001-114493, Jun. 20, 200.

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