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TITLE Supreme Court Decision 2014Hu553 Decided June, 28, 2018 【Denial Adjudication (Trademark)】 * First draft [full Text]
Summary
Intent of Article 51(1) of the former Patent Act, which excludes “an amendment to delete a claim” among amendments that are subject to dismissal in the event of the emergence of new grounds of rejection following the amendments
Whether the “new grounds of rejection following amendments to delete a claim” in the above clause include the cases where: (a) while in the process of making amendments to delete a claim, and making amendments to a subordinate claim which cited the deleted claim directly or indirectly; (b) the citation number was incorrectly written; or (c) where a subordinate claim cites more than two claims, the omission of the entry of the alternative relationship among the numbers of the cited claims results in the lack of entry in which the requirements of specification are not fulfilled (affirmative)
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