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[Success Case]
Case No. 2012 Xing-Zhuan-Su-Zi 106, Intellectual Property Court
[Decision Digest]
The original administrative disposition determines that exhibit 2 is not the prior art of the patent at issue, that is, no cross examination was made with the combination of exhibits 2 and 3 and exhibits 2 and 4 (i.e. exhibits 3 and 4 were not considered). In addition, as new evidence, exhibits 5 and 6, was also not considered, the decision to overrule the application for patent invalidation is unreasonable, and the appeal decision to maintain the prior disposition is also inappropriate.
(Collected by TIPO as a representative case in Compilation of Patent Administrative Proceeding Cases 2012-2013)
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