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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