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(영문) 대법원 2019.07.25 2018후11155
권리범위확인(특)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

The judgment below

According to its reasoning, the court below determined that the invention subject to confirmation does not fall under the scope of the right to the invention, since the invention subject to confirmation does not include any identical or equal composition with the elements 6 of the Claim 1 invention of this case, in light of the circumstances acknowledged by adopted evidence.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the interpretation of the scope of patent claims, or by omitting 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.

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