HOME > Resources > Abstract of Decision by IPT

 

Title

Determination of Infringement by Applying All Element Rules

Author 

KH

Post Date 

2010-05-14

Read

2034

Attach File

-
Determination of Infringement by Applying All Element Rules


I. Trial for Confirmation of Scope of Right of
Patent Registration No. 332346

Patent Court’s Decision No. 2006HEO9340 published on Jul. 25, 2007
- finally decided

1. Gist of the present patented invention

Claim 1: A method of applying an adhesive solution to a vinyl bag for receiving an umbrella, characterized in that:
a colored adhesive solution is applied, at equal intervals, on a predetermined position of a vinyl material rolled with a vinyl sheet, wherein the vinyl sheet, in two layers, with one end being closed, is folded in half,
as rollers rotate, the vinyl sheet on which the colored adhesive solution is applied is transferred until a protection strip tape is attached to the vinyl sheet, along the colored adhesive solution portions, after the vinyl sheet passes a heater, wherein the colored adhesive solution is dried by about 80% and the protection strip tape is attached to the vinyl sheet to protect the colored adhesive solution in a non-dried state,
after a predetermined time passes, the protection strip tape is removed and a color of the colored adhesive solution in the non-dried state is detected to indicate a predetermined signal,
based on the detected signal, the vinyl sheet is cut, along the middle line between the colored adhesive solution portions, in the same size,
two sides of the cut vinyl sheet are sealed, except for an opening to receive an umbrella and the folded side,
the number of the vinyl bags is predetermined by counting the detected signals and the vinyl bags are stacked to be discharged.

Claim 2: The method according to claim 1, wherein the colored adhesive solution is applied by the steps that:
(1) as a roller for making a corrosion copper part rotates, it carries the colored adhesive solution present in a container of a predetermined capacity,
(2) a mop rod removes the colored adhesive solution at the other portions than the corrosion copper part,
(3) the colored adhesive solution of the corrosion copper part is automatically applied, at the equal intervals, to the vinyl material passing between the roller for making the corrosion copper part and a press roller.

2. Patent Court’s decision (2006HEO9340)

(1) Where a claim of a registered invention includes a plurality of constituents, the technical idea is protected based on the interactional relationship of the constituents in its entirety, and each constituent is not independently protected. Where an invention compared with the registered invention has only part of the indispensable constituents described in the claim of the registered invention and it lacks the other constituents, the comparative invention is not within the scope of the right of the registered invention. Consequently, since a subject invention for confirmation does not have the constitution of the protection strip tape of the present invention described in claim 2, the two inventions are different from each other with respect to the partial constitution. Therefore, there are remarkable differences with respect to the effects. Accordingly, the subject invention for confirmation is not within the scope of the right of the present invention described in claim 2, without the need to compare the two inventions with respect to the other constitutions.


II. Trial for Confirmation of Scope of Right of
Utility Model Registration No. 188635

Patent Court’s Decision No. 2003HEO6050 published on Apr. 23, 2004
Supreme Court’s Decision No. 2004HU1564 published on Jan. 12, 2006
- dismissed

1. Gist of the present registered device (claim 1)

A hand grip device in which support bars (110) and handle bars (120) are positioned to be opposite to each other at both upper and lower sides of a base (140) and the support bars (110) are connected with the handle bars (120) by a number of springs (13), the hand grip device characterized in that:
a display window (143) with gradations is formed on the base (140),
in the middle inside the base (140), a movable unit (160) with an indicate line (161) is connected with a screw (180) passing through a hole formed in a fixed unit (170), so that the movable unit (160) moves up/down,
an operation unit (190) to rotate the screw (180) is connected with the top of the base (140),
both ends of the movable unit (160) are rotatably connected with one end of each link (150),
the other end of the each link (150) is connected with an end of each support bar (110) so as to be rotatable in one direction, so that as the operation unit (190) is rotated forwardly/backwardly, the angle between the support bars (110) and the handle bars (120) is adjusted.

2. Supreme Court’s decision (2004HU1564)

(1) Method of determining the scope of right

The scope of protection of a registered utility model is determined based on the matter(s) described in the claim(s). In the claim(s) describing the matter(s) to be protected in the claim(s) (hereinafter, referred to as ‘claims’), only the matter(s) which is indispensable for the constitution of a device is described. Unless there is any special reason, the matter(s) described in the claims shall be regarded as the indispensable constituents of the device. Where the claims describe a plurality of constituents, the technical idea is protected based on the entirety of the interactional relationship of each constituent and each constituent is not independently protected. Thus, where a subject device for confirmation, to be compared with the registered utility model, has only part of the indispensable constituents described in the claims of the registered utility model and lacks the other constituents, in principle, the subject device for confirmation is not within the scope of the registered utility model right.

(2) In the registered device described in the claim, the ‘display window with gradations formed on the base’ and the ‘indication line formed on the movable unit’ have the function and action of easily controlling the quantity of exercise as a user desires, by interacting with the other constituents of the present device. Thus, these constituents are sufficiently regarded as the indispensable constituents of the present device. Therefore, since the subject device for confirmation does not have the same or equivalent constituents to the aforementioned constitution of the present registered device, it is not within the scope of right of the present registered device.


III. Trial for Confirmation of Scope of Right of
Utility Model Registration No. 233014

Patent Court’s Decision No. 2003HEO6012 published on Nov. 19, 2004
Supreme Court’s Decision No. 2004HU3553 published on Sep. 30, 2005
- dismissed

1. Gist of the present registered device (claim 2)


In a water bed in which a bio-ceramic layer (2), such as germanium or barley stone, is formed between a synthetic resin fabric material (1) and a special cotton (3), and a number of vinyl packages (6) each wrapping a natural jade (5) is high frequency bonded onto the top surface of the synthetic resin fabric material (1), bedding including natural jades, comprised in that a number of holes (7) is bored on the top of the vinyl package (6) wrapping the natural jade (5), the vinyl package (6) wrapping the natural jade (5) is high frequency or ultrasonic bonded or attached to the publicly-known synthetic resin fabric material (1) of a mattress or mat for bedding.

2. Patent Court’s decision (2003HEO6012)

(1) Method of determining the scope of right

Where the claims describe a plurality of constituents, the technical idea is protected based on the entirety of the interactional relation of each constituent, and each constituent is not independently protected. Thus, where a subject device for confirmation, to be compared with a register  

Prev 

Determination of Infringement by Applying Doctrine of Equivalents

Next 

No Data ...