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TITLE Supreme Court Decision 2015Hu2259 Decided July 12, 2018 【Denial Adjudication (Trademark)】 [full Text]
Summary
Intent of Article 51(1) of the Patent Act (amended by Act No. 9381, Jan. 30, 2009) which excludes “an amendment to delete a claim” from amendments subject to dismissal in the event of the emergence of new grounds of rejection following the amendments
Where an amendment is made to delete a claim: (i) a new ground of rejection emerges from the portion irrelevant to the deleted claim; (ii) whether such new ground of rejection is included in “new grounds of rejection emerging from an amendment to delete a claim” as provided in the above provision (negative)
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