1. Abandon 3.0 Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine

Motex Co., Ltd. (Patent Attorney Kim Young-young, Counsel for defendant-appellant)

May 20, 2004

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The decision made by the Intellectual Property Tribunal on October 28, 2003 on the case No. 2002Da1720 shall be revoked.

1. Details of the instant trial decision

A. On June 11, 2002, the Plaintiff asserted that, with respect to the Defendant’s registered device of this case concerning “hepherb and air conditioners control device,” the invention described in Article 10-19709 of the Patent Gazette (hereinafter “Invention 1”) and the previous technology described in the specification of the instant registered device, the Plaintiff filed for a trial for invalidation of the registration. However, the Intellectual Property Tribunal deliberated on it as No. 1720, Oct. 28, 2003, and rendered a trial decision dismissing the Plaintiff’s request for a trial on invalidation of the registration.

B. The registered device of this case and the content of comparable inventions

(1) The registered complaint of this case

(1) Name: Control device for air conditioners;

(2) Date/registration number: September 5, 2000 / 2000-025260

(3) Creditor: Defendant

④ Summary of the instant petition for registration: Claims

The gist of the instant registered appeal is as follows: “In the past, there has been a problem that the radar in the cooling and cooling control device repeated operation at intervals of a certain time in the air condition so that the inside temperature of the air conditioners can not be maintained optimally in response to actual temperature. To solve this problem, the instant registered appeal plan is to adjust the opening and closing time of the air conditioners according to the results of installing the temperature in the inside of the air conditioners and reducing the actual internal temperature in the air condition, and to prevent the difference of the air conditioners by installing the heat preventing the air conditioners, thereby maintaining the temperature of the air condition condition optimal and maintaining the operation of the air conditioners smoothly, and the scope of the application for registration is as shown in attached Table 1.”

(2) Consumed inventions

The entries in attached Forms 2 through 4 shall be as follows.

[Evidence] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination on the legitimacy of the instant trial decision

A. Summary of the plaintiff's assertion

(1) The registered device of this case, compared to the cited inventions, is identical with its purpose and its operating effects, and is merely a difference in the location of “herat line” in the technical composition. This is not recognized as non-obviousness since it can be easily designed by a person with ordinary knowledge belonging to this technical field from the “ricker attached to the Dam 2” and the “ricker attached to the Dam 8” of the comparable invention 2 of the comparable invention 2 of this case and the “dam attached to the Dam 8

(2) Although the technology described in the specification of the instant application for registration is a publicly known technology (the instant application for registration is merely a difference in the location of “heat line (42)” compared with the previous technology, and the degree of difference in the temperature (50) exists. The location of the heat line is merely a difference in the degree of design change and there is no operating effect resulting therefrom. Since the temperature is publicly known in the comparable Invention 1, it is extremely easily designed by a person with ordinary knowledge in the field of technology, and thus, non-obviousness is not recognized.) The instant application for registration only stated only as the previous technology in the specification of the instant application for registration, and there is no indication that the previous technology has been publicly known, and thus, it is unlawful to determine that the instant application for registration cannot be recognized as an publicly known technology.

B. Determination

(1) Determination of comparison with the instant registered device and comparable inventions

㈎ 목적의 대비

The registered device of this case is related to air conditioners, with a view to regulating the opening and closing time of the air conditioners according to the result of reducing the actual internal temperature of the air conditioners. The purpose of the registered device of this case is to adjust the opening and closing time of the air conditioners and to maintain the opening and closing operation of the air conditioners by installing the heat line directly on the aforementioned display, and the comparable invention 1 is related to the equipment of a dam, which controls the air conditioners of the air conditioners, and the purpose of regulating the flow of the air conditioners and to maintain each room within a certain temperature range without impeding the flow of the air conditioners by using the air conditioners, and comparable invention 2 is related to the device of the air conditioners, and the purpose of regulating the flow of the equipment of the dam to regulate the flow of the air conditioners and to address the flow of the air conditioners and the air conditioners of the dam of this case is both effective and effective.

㈏ 구성의 대비

① The components 1 of the instant registered garages are “tampers (20) in which radar windows (22) are protruding up to the inner wall (20a) installed in the refrigerants (1) and the freezing room (11).” The elements of the instant registered garages are “tampers (3a), rampers (3b), and 3c) installed in the air conditioners (2) installed in the air conditioners (67) between the freezing room (61) and the cooling room (62) of comparable inventions 1. In that comparable inventions 2 are equipped with the air conditioners (3a), the air conditioners (3b), the air conditioners (3c), and the air conditioners (13) installed in the air conditioners (7) and the air conditioners (17) installed in the air conditioners (9) of comparable inventions 2 and the air conditioners (17) installed in the air conditioners (17). The instant dam and the air condition 21) installed in the air condition.”

② 이 사건 등록고안의 구성요소 2는, ‘프레임(20)에 일체형으로 형성되고 스텝 모터(30)와 스텝 모터(30)의 회전력을 전달하는 기어열에 의해 구동기어 회전축(35a)을 회전시키는 구동수단이 포함된 모터 케이스(21)’로서, 비교대상발명 1의 ‘스텝핑모터(1)는 출력축(5), 피니온(6), 부채꼴치차(7)를 통해 축(13)에 연결되어 구동력을 전달하는 회동기구’와, 비교대상발명 2의 ‘배플(18)을 개폐 구동하는 구동장치(모터)(25)’에 대응되는데, 이 사건 등록고안과 비교대상발명들은 모터의 구동력에 의해 플레이트 또는 배플을 개폐시키는 구동수단을 구비하고 있다는 점에서 그 구성이 동일하다 할 것이다.

(3) The components of the instant registered garage 3 are “bosss and tampers (41) installed in one end part of the circuit 1, which are inserted into a revolving revolving 2, which are composed of a studio (boss and tampers) installed in the instant line 2, and a part of the opposite to the part formed by the said revolving 20a (41) is concluded to be revolving on the inner walls (20a) of the said frame (20), and is installed with an open line (42) installed in the instant line 1 with an open line (42) installed in the instant line 2, and instead of an open line (4a, 4b) installed in one end part of the cited invention 1, which is distinguishable from an open line 4 (13) installed in the instant dam 2, while an open line (41) installed in the instant dam 2, which is equipped with an open line (42) with an open line (42) installed in the instant dam 1.

According to the comparison invention 2: (a) the Plaintiff was equipped with an open air ice 2 and ice 1; (b) the location of which was installed on the 4th of the dam ice 1 and the open air ice 2 (the open air ice 4th of the dam 20th of the dam ice 20th of the dam ice 1) with an open air ice 4th of the ice 6th of the dam 66th of the dam 2 (the open air ice 4th of the dam 5th of the dam 1) with an open air ice 4th of the ice 10th of the dam 66th of the date on which the heat ice 2nd of the 6th of the 6th of the dam 4th of the date on which the heat ice 2nd of the 6th of the 6th of the date on which the heat ice 2nd of the 5th of the date on which the heat 1st of the 2th of the dam 3th of the date.

In addition, the plaintiff asserts that the composition of the heat (42) in the display line within the registered height of this case had already been published prior to the application under the comparable invention 3. However, according to the specification of the comparable invention 3, the plaintiff argues that the size of the cited invention 3 stated that "A shall form a dam wave board opening or closing the open space in which the air conditioners are distributed, with a form of a string space, which directly overlaps with the open space in the form of the surface, the permanent seat, which is attached to the free group, shall go to the string of the electronic seat, and it shall go to the string of the string space in the form of the film string, and it shall be recognized that there is no reason to hold the open space in the open space with the open space function of the open space in the open space of the dam which is installed with the open space of the open space in the open space of the dam with the open space distribution structure and the open space of the open space in the open space of the dam. Therefore, according to the above facts, it is also different from the open space of the open space.

④ 이 사건 등록고안의 구성요소 4는, ‘냉장실(11) 내부에 설치되어 냉장실(11)의 실내 온도를 감지한 결과에 따라서 상기 스텝 모터(30)를 구동하기 위한 구동 제어 신호를 출력하는 온도 센서(50)’로서, 비교대상발명 2에는 이에 대응되는 구성이 없으나, 비교대상발명 1의 ‘각 실에는 온도센서가 설치되어 온도센서의 출력신호에 의하여 모터식 댐퍼에 대하여 배플 작동신호를 발생하여 제어하는 구성’과 대응되는데, 양 기술은 모두 냉장실에 설치된 온도센서를 이용하여 실내의 온도를 감지하고 그에 따라 모터를 구동하여 플레이트(배플)의 개폐를 제어한다는 점에서 동일한 기능을 하는 구성을 가지고 있다고 할 수 있다.

㈐ 작용효과의 대비

According to the results of reducing the actual temperature in the cooling room by installing a temperature center inside the cooling room, the registered device of this case has operational effects to maintain the inside temperature of the cooling room at an optimal level and to maintain the cooling system at an optimal level and to smoothly maintain the opening and closing of the cooling room by directly installing the heat for the prevention of freezing at the above radar and preventing the sprink from being sprinked by the air conditioners. On the other hand, the comparable invention 1 is installed in each room with the temperature, thereby maintaining the operation of the distribution system within a certain temperature range by controlling the opening and closing of each room with the output signal of the temperature, and the comparable invention 2 has the effect of preventing the distribution of the dam frame by spreading the heat attached to the entrance of the entrance, and thus, it has the effect of extinguishing the distribution system at a time similar to the dam sprink, and thus, it can be seen that the dam sprink and the dam spug are valid.

However, in general, the air condition of the freezing room is flowed into the air condition through the air condition control system, and the air condition and radars are faced with the air conditioners directly due to the air condition. As recognized earlier, in a case where the air condition is installed in the dam hole as in comparable invention 2 and products produced in Esccos, the air condition is installed in the dam hole, without ice breaking the heat frame, and the heat generated from the dam hole is indirectly delivered to the air condition while the air condition is closed, and there is no problem in the open condition of the air condition, but in a case where the air condition is maintained because the air condition is open to the air condition and the air condition is maintained for a certain period of time, the air condition still occurs due to the air condition and the air condition of the air condition that the air condition is not opened, but the air condition is not opened to the dam air condition where the air condition is closed after the complete air condition of the dam hole is not closed.

On the other hand, in the case of being equipped with the heat line for the prevention of freezing as in the instant registered device, the open operation of the panel is smooth since the heat generated directly from the heat line of the panel does not occur in the open space of the panel, and even when the panel is opened for a certain period of time, the surface of the panel can be completely closed from the freezing room to the cooling room, and it can be resolved that the panel is completely closed in the freezing window and that there is a new operation effect higher than that of the prior art of comparable invention 2, etc. (On the other hand, from 2003, the Plaintiff, a major shareholder, had installed the panel from 203 to 200, to 300, the Plaintiff’s new technology, which had no reason to recognize the open operation effect of the panel as being attached to the dam mold, can not be seen as being a person who has a production effect higher than the dam mold, and therefore, the Plaintiff’s new technology, which had no reason to recognize the open operation effect of the panel.

(2) Preparation for the instant registered petition and previous techniques

The Plaintiff asserted that the description of the instant petition for registration should be deemed as publicly known prior to the filing of the instant petition, since the description of the device and the prior art column in the relevant field were declared in the intentional act taking into account the level of technology at the time of the filing of the petition.

In general, the technologies described in the specification of the application in the specification are the background described in the specification of the application, which are described as the prior art, and are described voluntarily in the specification, which is intended to be resolved within the application. If the applicant voluntarily recognizes the prior art as being known in the specification, the prior art may be cited as the comparative subject, and the prior art may be judged as newness or inventive step in the application. However, without any other evidence, the facts stated in the specification of the application merely as the prior art, which is known in the specification of the application, are known to many unspecified persons before the application, and cannot be used as evidence that denies newness or inventive step. Thus, the composition of the prior art installed in the specification of the application in the specification of the application in this case, which is described as the prior art in the specification, is described as the prior art in the specification of the application in the specification, and thus, it cannot be said that the prior specification of the application in the specification of the application in this case, which is described as the prior to the application in the specification of the application in the specification of the dam.

However, as seen earlier, the technology attached with a heat line for the prevention of dynamics inside the display board of the instant registered device differs from the traditional technology in which the heat line is installed in the display frame, and the effect resulting therefrom is also increasing in the effect of action. Therefore, the Plaintiff’s assertion is without merit.

C. Sub-committee

Therefore, the registered device of this case is new and non-obviousness recognized compared to the cited inventions and their publicly known technologies, and the trial decision of this case, which concluded the same, is legitimate.

3. Conclusion

Therefore, the plaintiff's claim seeking the revocation of the trial decision of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Park Dong-dong (Presiding Judge)