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(영문) 특허법원 2017.03.17 2016허5774
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 February 24, 2014, the Korean Intellectual Property Office examiner notified the Plaintiff of the presentation of the opinion on the grounds that the invention in the instant case is new by prior inventions 1. 2) The Plaintiff submitted the written opinion and amendment on June 23, 2014, and the Korean Intellectual Property Office examiner notified the Plaintiff of the final presentation of the opinion on the grounds that the nonobviousness is denied by combining the prior inventions 1 and 2 on July 30, 2014.

3) Accordingly, the Plaintiff submitted a new written opinion and amendment on October 30, 2014. However, the examiner of the Korean Intellectual Property Office rendered a decision of refusal on the ground that the nonobviousness is still denied on December 30, 2014. (4) The Plaintiff amended the specification, etc. on March 30, 2015 and filed a request for reexamination. However, the examiner of the Korean Intellectual Property Office made a decision of refusal on the ground that the nonobviousness is still denied on April 27, 2015.

5) On May 27, 2015, the Plaintiff filed a petition for a trial against a decision of refusal with the Intellectual Property Tribunal. After hearing the Plaintiff’s petition for a trial against the Plaintiff’s decision of refusal with the Intellectual Property Tribunal No. 2015 won25, May 30, 2016, the Patent Tribunal rendered the instant trial decision dismissing the Plaintiff’s petition on the ground that “the instant patent application invention is non-obviousness by prior inventions, and thus, the decision of refusal to reject the same conclusion is lawful.” (B) The name of the invention in the instant case (Evidence 1-2 Evidence 1) is the method of forming the structure of the invention in the closed end, and the filing date/application number 2) of the filing date/application number: July 17, 2012 (Preferred Date: December 17, 2009) / 10-2012-7017513), the summary of the invention in this case’s invention is related to mar or maru materials.

(Identification Number) Do 1 and Do 2 are referenced by Do 2002. Do 1 and Do 2, the closed cross-air elements (closed S. 1) are substantially composed of the upper side gold stamp (10) and the lower side gold stamp component (20).

All of the printing components shall ethyl (steel), aluminium, or other appropriate metal.

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