(a) The meaning of the invention described in the specification or drawing(s) attached to another patent application under Article 6-2(1) of the former Patent Act (amended by Act No. 4207, Jan. 13, 1990);

B. Purport of Articles 1(2) and (3) and 31-2(1) of the former Enforcement Decree of the Patent Act (amended by Presidential Decree No. 12199 of July 1, 1987)

(c) requirements to the effect that an invention has been completed in an invention related to genetic engineering, such as the DNA technology of the Federation.

(d) The case holding that it cannot be deemed a completed invention, if the quoted invention is not easily obtained because the salt heat of the outer erogens is unclear and it is not deposited with the outer erogens designated institution;

A. Article 6-2(1) of the former Patent Act (amended by Act No. 4207, Jan. 13, 1990) (amended by Act No. 4207 of Jan. 13, 190) provides that an invention for which a patent application has been filed is identical to an invention described in the specification or drawings accompanying the initial patent application, which is published or laid open after the filing date of the patent application in question, notwithstanding Article 6(1) of the same Act, if the invention is identical to the invention described in the specification or drawings accompanying the patent application in question. Here, an invention described in the specification or drawings accompanying the other patent application refers to an invention described in the specification or drawings attached to the other patent application, and the description level is specific to the extent that a person with ordinary knowledge in the art can obtain technical effects for which the person with ordinary knowledge has repeatedly worked, and is completed objectively.

B. According to Article 1(2) and (3) of the former Enforcement Decree of the Patent Act (amended by Presidential Decree No. 12199 of Jul. 1, 1987), a person who intends to file a patent application for an invention using a micro-organism shall deposit the micro-organism with a depository agency designated by the Commissioner of the Korean Intellectual Property Office and append documents certifying the deposit thereof to the application. However, if the micro-organism can be easily obtained by a person who has ordinary knowledge in the technical field to which the invention pertains, the deposit need not be made. According to Article 31-2(1) of the Enforcement Decree of the Patent Act, a person who intends to file a patent application shall state in the specification the deposit number of the micro-organism, the name of the depository agency, and the date of deposit. The purport of the provision is to ensure the completion of the invention and to secure the possibility of industrial use by re-taking the micro-organism.

C. Since the main body of a gene is DNA and the individual genes are stipulated in accordance with the characteristics of its base heat, in an invention related to genetic engineering, such as NA technology, external genetics should, in principle, be identified as a salt base, which is a genetic cancer. Only when it is impossible to specify as a salt base heat, external genetics can be specified by combining the function, physiochemical properties, base, origin, manufacturing methods, etc. of external genetics. However, in any case, in order to complete an invention as an invention, the level of technological descriptions must be specific, objective, to the extent that a person with ordinary knowledge in the technical field can obtain the technical effect of repeated implementation as described in the specification, and the acquisition of such external genetics should be possible, so that they can be used for industry.

(d) The case holding that the cited invention cannot be deemed a completed invention on the grounds that the technological composition described in the specification is specific, objective, to the extent that a person with ordinary knowledge in the field to which the invention pertains can obtain the technical effect that is conducted repeatedly by the description, on the ground that the technical composition described in the specification is not specific, objective, to the extent that it is possible to obtain the technical effect that a person with ordinary knowledge in the field to which the invention pertains can obtain the technical effect that is carried out repeatedly by the description, and that it cannot be deemed that the completed invention is not completed, since the process of acquisition and the manufacturing process of PEO using it is merely written in detail, and it is not clear that the PEN's salt heat of human ESO flae DNA, an external e-electronic, is not clear, and that it is not made.

(a) Article 6-2 (b) of the former Patent Act; (d) Article 1(2) and Article 1(3) of the former Enforcement Decree of the Patent Act;

B. Supreme Court Decision 88Hu42 delivered on August 8, 1989 (Gong1989, 1362) 90Hu2256 delivered on November 12, 1991 (Gong192, 118)

Attorney Lee Han-gu et al., Counsel for the plaintiff-appellant and two others, Counsel for the plaintiff-appellant-appellant

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office Decision 90 No. 414 dated September 30, 1991

The original adjudication is reversed, and the case is remanded to the Korean Intellectual Property Office.

1. We examine the first ground for appeal.

(1) According to the reasoning of the original decision, the court below determined that the original invention was a divisional application filed by the Korean Intellectual Property Office 1 omitted) on November 29, 1986 (the initial patent application No. 1 omitted) (the initial patent application No. 3, December 3, 1985) and it was about the manufacturing method of the EPO, which is characterized by the production of the new EPE cells with the form and quality converted by the NANV vexta in an appropriate place and is merely about the production method of the new EPE, which is not a patent-related vexetative invention of the 19th 1984 Patent Office (the initial patent application No. 1 omitted) and that it is not a patent-related vexetative invention of the ePE that is not a vexative vexative vexative vexative vexative vex vex vex omic vex vex vex vex vex vex vesium or vex ve ve utic ve.

(2) Article 6-2 (1) of the former Patent Act (amended by Act No. 4207, Jan. 13, 1990) provides that an invention for which a patent application was filed is identical to an invention described in the specification or drawings initially accompanying the patent application in question, which is filed prior to the date of filing of the patent application, and which is published or laid open after the filing date of the patent application, notwithstanding Article 6 (1) of the same Act, if the invention is identical to the invention described in the specification or drawings accompanying the patent application in question. Here, an invention described in the specification or drawings accompanying the other patent application refers to an invention described in the specification or drawings accompanying the other patent application, and the description level is specific to the extent that it can obtain technical effects for which a person with ordinary knowledge in the art can repeatedly conduct the patent application in question, and is completed objectively.

Meanwhile, according to Article 1(2) and (3) of the former Enforcement Decree of the Patent Act (amended by Presidential Decree No. 12199, Jul. 1, 1987), a person who intends to file a patent application for an invention using a micro-organism shall deposit it with a depository designated by the Commissioner of the Korean Intellectual Property Office and append documents certifying the deposit of the micro-organism to the deposit application: Provided, That if the micro-organism can be easily obtained by a person with ordinary knowledge in the technical field to which the invention pertains, the deposit may not be made; pursuant to Article 31-2(1) of the Enforcement Decree of the Patent Act, a person who intends to file a patent application shall state in the specification the deposit number of the micro-organism, the name of the depository institution, and the date of deposit; the purport of the provision is to ensure the completion of the invention and to obtain the micro-organism again (see Supreme Court Decision 8Hu429, Aug. 8, 198; 192Hu12965, Feb. 16, 1962).

In addition, since the main body of genes is DNA and the individual genes are stipulated in accordance with the characteristics of its base heat, in an invention related to genetic engineering, such as DNA technology, external genetics should, in principle, be identified as a salt base, which is a genetic cancer. Only when it is impossible to specify as a salt base heat, external genetics can be specified by combining the function, physiochemical properties, sources, origin, manufacturing methods, etc. of external genetics, but in any case, in order to complete as an invention, the level of technical descriptions should be specific, objective, to the extent that a person with ordinary knowledge in the technical field can obtain the technical effect of repeatedly conducted as described in the specification, and the acquisition of such external genetics should be possible, so that they can be used for industry.

(3) In light of the record, there is only the publication of the Patent Gazette (record 204-206 pages) containing the claim(record 204-206 pages), and there is no specification and drawings attached to the patent application, and there is no specification and drawings attached to the patent application. Thus, there is no question as to whether the aforementioned publication of the patent application is deposited with the external genetics, the night cell, and the re-cooperative DNA used in the cited invention, whether the deposit is not necessary, if not deposited, whether the external ePO gue DNA, the external e-mail, is specified by the e-mail base heat, or its function, the physiochemical properties, origin, origin, and manufacturing method, and if the specific technical composition of manufacturing human EPO using this is possible.

In addition, even based on the reasons for the original decision, the cited invention is written in detail in its specification the acquisition process of human EPO gue DNA, an external electronics, and the production process of EPO, using it, is not clear that human EPO gue DNA, an external electronic, and if it cannot be easily obtained because human EPO gue DNA is not deposited with a designated institution, the cited invention cannot be said to be completed in a concrete and objective manner to the extent that the technical composition described in its specification can obtain technical effects by repeated implementation by a person with ordinary knowledge in the field to which the invention pertains, and it cannot be said that it is completed.

(4) Nevertheless, the court below recognized the cited invention as a completed invention with the status of a seafarer without examining the completion of the cited invention in accordance with the specification attached to the cited invention, and maintained the original condition that refused a patent application for the original invention on the ground that the original invention is identical to the invention described in the specification or drawings attached to the patent application for the cited invention is erroneous in the misapprehension of legal principles as to the completion of the cited invention, without examining the completion of the cited invention in accordance with the specification attached to the patent application for the cited invention.

2. Therefore, without examining the remainder of the grounds of appeal, the case shall be remanded to the Appellate Trial Office without examining the remaining grounds of appeal, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-ho (Presiding Justice)