The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The lower court determined that the challenged invention does not fall within the scope of the right to the instant Claim No. 1 invention on the ground that it did not have an identical or equal composition with the “BD” of the elements of the instant Claim No. 1 invention as “C” (hereinafter “instant Claim No. 1”) in comparison with the instant Claim No. 1 (hereinafter “instant Claim No. 1 invention”) and the instant Claim No. 1 invention as “C”.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on equal infringement.

Therefore, the appeal is 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.