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(영문) 특허법원 2017.09.22 2017허3768
거절결정(실)
Text

1. The decision made by the Intellectual Property Tribunal on April 28, 2017 by the Intellectual Property Tribunal on a case No. 2016 won7308 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. (1) On November 29, 2016, the examiner of the Korean Intellectual Property Office (hereinafter referred to as the “instant Claim”). The devices described in the instant Claim Claim Nos. 1 through 4 (hereinafter referred to as the “instant Claim Nos. 1”) are the devices described in the instant Claim Nos. 1 through 4.

) A person who has ordinary knowledge in the technical field of that person (hereinafter referred to as “ordinary engineer”).

(C) Prior to the filing of the application, the Plaintiff rendered a decision to reject the Plaintiff’s instant petition for appeal on the ground that the nonobviousness could be easily created from the combination of the devices No. 1 and 3 of the prior petition and the Japanese Utility Model Gazette No. 318734. (2) On December 28, 2016, the Plaintiff filed a petition for a trial against the instant decision of rejection with the Intellectual Property Tribunal No. 2016 Won7308, Apr. 28, 2017. However, on April 28, 2017, the Intellectual Property Tribunal rejected the nonobviousness of the instant claim by either the prior petition No. 1 and 3, and if there are two or more claims in the claim for utility model registration, the Plaintiff’s decision to reject the Plaintiff’s petition for appeal on the ground that the application should be rejected as a whole (hereinafter “instant decision”).

B. The title of the device: B2)/Patent Application Number: the applicant: Plaintiff 4 (amended by the amendment made by September 19, 2016) (hereinafter referred to as “instant Claim”) 【 Claim 1 】 in the case of beauty e-mail, contained in the outer package of the instant device, set up in the form corresponding to the base size of the device, and attached to the body of the head body of the E-mail, and the external side of the body of the head body of the E-C, formed adjacent to the outer side of the main body of the E-C, and formed in the form corresponding to the foregoing body of the E-C, and the user was removed from the body of E-C or the user was aware of the body of E-C.

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