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(영문) 대법원 2020.10.15 2017후387

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 court below determined that the scope of the right of the patented invention of this case falls under the scope of the right of the patented invention of this case, since the patented invention of this case cannot be denied the scope of the right because it is not clear from the standpoint of a person with ordinary knowledge in the art to which the patented invention pertains, and the patented invention of this case contains all corresponding elements of the challenged invention of this case, and the composition of "convenor, at certain intervals, which constitutes a reaction pattern under the opening of the opening, which is used in the amount of alkylology and alkylology solution" of the challenged invention of this case in the process of

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.