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(영문) 특허법원 2017.03.10 2016허3761
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. On July 29, 2014, the defendant asserted that "the patented invention of this case contains (1) the patented invention of this case is inconsistent with the detailed description of the invention in the specification, (2) there is no possibility of industrial application due to the failure to make the patented invention; (3) the patented invention of this case is new as it is substantially identical with the prior invention 1; (4) the claim 3 through 13 can easily be made by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter referred to as "ordinary technician"), and (2) on October 21, 2014, the plaintiff filed a request for a trial for invalidation of registration (2) on the ground that the patented invention of this case contains ① the patented invention of this case, (3) the patented invention of this case contains no possibility of industrial application due to the failure to make the patented invention; and (4) the patented invention of this case contains the correction method of the patented invention of this case / [2016, / [3] the correction method of the patented invention of this case among the patented invention of this case.

3) On April 29, 2016, the Korean Intellectual Property Tribunal rendered the instant trial ruling accepting the claim for invalidation trial on the ground that “A request for correction against the instant patent invention is lawful, but the corrected claim 3 through 10, 12, and 13 of the instant patent invention can easily be claimed by a person with ordinary skills by prior inventions 1 through 6, and the nonobviousness thereof is denied.” (b) The Plaintiff’s title of the instant patent invention (Evidence A 3) invention: summary.

The test equipment 2) filing date/registration date/registration number: the summary of the instant patent invention on March 12, 2004 / July 11, 2006 / 0602450 3)

Sexual ‘A Study' is characterized by a bitra, that is, a bitra, when a bitra body receives re-power from outside.

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