특허.실용신안권 침해금지 등
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of this court as follows, to the "patent invention" under the 7th page 15 of the judgment of the court of first instance as the "patent invention", and thus, it shall be cited in accordance with the main sentence of
2. The Plaintiff’s additional decision in this court stated in the grounds of appeal that “The instant patented invention is an invention of a product, and refers to the device attached to the judgment of the court of first instance, which the Defendant is working as seen earlier, as seen earlier, as seen earlier.” However, the Defendant’s device’s equipment is not an element of the Defendant device, but merely a method of using the Defendant device or a state of using the Defendant device. As such, the Defendant’s equipment was erroneous in the judgment of the court of first instance in comparison with the elements of the instant patented invention after the Defendant included the processed cooling water, which was working in the number of the judgment of the court of first instance, into the elements of the Defendant device. (ii) Even if the Defendant’s use of the Defendant device should take into account otherwise, it can be used without using the cooling water under the number of the Defendant device.”
(1) As to the assertion, the instant patent invention constitutes an invention of a product with a cooling device for the smooth-to-door air-conditioning. Since the claims for an invention of a product are written in a way that specifies the composition of the subject matter of the invention, the claims should be understood as an article that constitutes the scope of protection of the patent invention as well as an article with a structure or nature specified by all the descriptions of the claims.
(See Supreme Court en banc Decision 201Hu927 Decided January 22, 2015). However, as cited earlier, the instant patent invention directly affects cooling water directly.