The judgment below

According to the reasoning, the lower court determined to the effect that the registration of the instant patent invention (patent registration number F) claims No. 1 and No. 4 of the instant patent invention (patent registration number No. 2014-63, Nov. 20, 2014; hereinafter “C”), which was corrected by the Korean Intellectual Property Trial and Appeal Board by the decision of November 20, 2014, is invalid, on the ground that the digital temperature control period under paragraphs (1) and (4) of the instant patent invention (patent registration number No. 1) is applicable to an individual heating boiler, the patent invention can be understood accurately without excessive experiments or special knowledge in light of the level of technology at the time of application based on the written description of the invention, and it is difficult to view that the patent invention No. 1 and 4 violate Article 42(3) of the former Patent Act (amended by

However, according to the records, on October 14, 2015, which was after the decision of the court below was rendered by the plaintiff's request for correction trial (Patent Tribunal No. 2015No. 81), the decision was rendered to correct the overall description of the specification that the digital temperature control period of the patented invention of this case does not apply to individual heating boilers, and became final and conclusive around that time. Thus, pursuant to Article 136(8) of the Patent Act, the patented invention of this case shall be deemed to have been registered by the patent application and patent right in accordance with the specification after the correction.

Therefore, the judgment of the court below, which examined and determined the existence of a ground for invalidation of a patent based on the specification of the patented invention in this case before correction, was erroneous in the violation of law that affected the conclusion of the judgment, since there were grounds for retrial under Article 451(1)8

Therefore, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.