The costs of appeal are assessed against the defendant.

The judgment below

According to its reasoning, the lower court determined that the nonobviousness of claims 4 and 5 of the instant patent invention (patent registration number C) named as “D” was not denied on the grounds that it is difficult for a person with ordinary knowledge in the art to easily make an invention by comparable invention 1 and 2 as indicated in the holding of the lower judgment.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the determination of inventive step of an invention, which led to failure

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.