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(영문) 특허법원 2017.01.12 2016허6784
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 December 3, 2015, the Plaintiff filed a petition for a trial for invalidation of registration with the Intellectual Property Tribunal against the Defendant, a patentee, on the ground that the nonobviousness of the instant patent invention is denied, and the registration thereof is invalidated. 2) The Intellectual Property Tribunal deliberated on the instant petition for a trial as 2015Da5477, and subsequently dismissed the Plaintiff’s petition for a trial on August 10, 2016 on the ground that: (a) the claim 1 through 5 (hereinafter “instant claim 1”) of the instant patent invention (hereinafter “instant Claim 1”; and (b) the remainder of the claims are identical in the same manner) cannot be easily claimed from prior inventions 1 through 6; and (c) the nonobviousness of the instant petition for a trial was not denied.

나. 피고의 이 사건 특허발명(갑 제2호증) 1) 발명의 명칭: C 2) 출원일/ 등록일/ 등록번호: D/ E/ F 3) 청구범위 【청구항 1】(a) 켓닢, 개다래, 인동초 중에서 선택된 향기원료를 건조하여 분말로 형성하는 단계(이하 ‘구성요소 1’이라 한다

(b) (b) At the end of a flag of a flag of a flag and dried, mixed with electric components, thereby creating a flag (10) (hereinafter referred to as “entent 2”).

(c) and (c) a stage at which a flag end floor (20) of a flag by melting and drying the flag end and peep into the surface of the dried flag (10) (hereinafter referred to as “entent 3”) is formed;

(1) In the case of paragraph 2 of the claim, the 196-2 of the 198-2 of the 197-27-2 of the 197-2 of the 197-27-2 of the 197-27-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the 197-2 of the

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