The lower court determined that there was a lack of description in violation of Article 42(3) or (4)1 of the former Patent Act (amended by Act No. 8197 of Jan. 3, 2007) on the instant patent invention (patent registration number No. 938945)’s Claim No. 1 through (6), (8) through (21), (23) through (63, and (65) of the patent invention of this case (patent registration number No. 938945) as “the method of promoting the geological content containing high density of high density of nuclear microorganisms within the effective period.”

However, according to the records, on September 2, 2015, which was after the decision of the court below was rendered on September 2, 2015 by the defendant's request for a correction trial, it is known that the claims of this case were corrected under paragraphs (1), (3), (4), (3), (3), (7), (42), (46), (5), (50), (5), and (60) of the Patent Act, and the claims were corrected under paragraphs (5), (9), (34), (39, (43), (48, (52), (57, and (62) of the Patent Act, and the decision of deletion under paragraphs (1), (3), (3), (47), (46), (5), and (60) of the Patent Act is subordinate to paragraphs (3), (4) of the Patent Act) and Article 136 (8) through (6) of the Patent Act. The remaining claims are all corrected under paragraphs (1) through (6) of the Patent Act.

Therefore, the judgment of the court below, which examined and determined the invalidity of a patent on each of the above claims of the patented invention prior to correction, became grounds for retrial under Article 451 (1) 8 of the Civil Procedure Act.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.