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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
(a) The title of the patented invention 1) invention: D2) filing date/registration number: E/F/ G 1) inputs of raw materials into the tamp (PVC) base; and the stage of manufacturing them into the traw-day shape by putting them out (20) of the traw-day base; the above stage of traw-type traw-type traw-type tamper (40) above; the above stage of traw-type traw-type traw-type traw-type traw-type traw-type 30: 6: 30 traw-type traw-type traw-type 2: 40 traw-type : 30 traw-type : 40 traw-type : 60 traw-type traw-type : 4: 20 traw-type traw-type 3: 4: 30 traw-type traw-type : 2: 3: 4: traw- type 4: 2.
B. The Defendant’s products are manufacturing and selling coding products listed in [Attachment 2] under the name of “C” (hereinafter “Defendant’s products”).
[Ground of recognition] Each description and image of Gap evidence Nos. 1 through 3, 5, 9, 10, 17, and 18 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff asserted that the Defendant product had all the elements of the claim under paragraph (1) of the instant patent invention, and thus infringed the Plaintiff’s patent right, and limited the Defendant product to infringe only the claim 1 of the instant patent invention in the preparatory document dated September 27, 2016.
The defendant seeks prohibition, destruction and damages, such as the statement in the purport of the claim.
On February 6, 2017, the Korean Intellectual Property Trial and Appeal Board No. 2017Da332.