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(영문) 대법원 2020.10.15 2017후394

권리범위확인(특)

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All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In full view of the circumstances as indicated in its holding, the lower court determined that the scope of the instant patent invention falls under the scope of the right to the instant patent invention, on the grounds that the scope of the right cannot be denied because the scope of the patent invention is not unclear from the standpoint of a person with ordinary knowledge in the art to which the invention pertains, and the instant patent invention contains all corresponding elements of the challenged invention, and that the composition “the formation of a response failure higher than the size of the opening is covered by the opening area” of the instant patent invention in the process of filing the patent application for the instant patent invention cannot be deemed to have been excluded from the scope of the patent invention

In light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by misapprehending the legal principles on the requirements for description of the claims of a patented invention, interpretation of the claims, the process of filing an application and the judgment on the scope of rights, thereby adversely affecting the conclusion of the judgment.

Therefore, all appeals are 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.