The instant lawsuit was concluded by a judgment on February 28, 2018.

1. In determining the newness and inventive step of a patent invention against Defendant B, the contents of the invention shall be compared to the invention as provided in each subparagraph of Article 29(1) of the Patent Act following the determination of the invention.

The confirmation of the contents of an invention shall be based on the matters indicated in the claims, except in extenuating circumstances, and it is not allowed to limit or expand the claims under any other description, such as the description of the invention or the drawing.

This legal doctrine is likewise applicable where the claims of a patented invention are indicated as a so-called functional expression, such as function, effect, and character, rather than ordinary structure, method, and substance.

(See Supreme Court Decision 2005Hu1486 Decided September 6, 2007). Therefore, in a case where an invention contains a description that specifies the invention in accordance with the function, effect, and nature of the claims of a patented invention, it is a principle to interpret that the invention refers to any invention that has such function, effect, and nature as stated in the claims.

However, the technical meaning can be understood accurately by taking into account the description of the invention, the drawings, etc.

Therefore, in the event that a special meaning of the terms indicated in the claims is unique, and there are other circumstances, such as the description of the invention or the definition or explanation of the drawing, it shall be based on the general meaning of the terms, and the technical significance of the term used to be expressed by the said term shall be examined, and the contents of the invention shall be determined by objective and rational interpretation of the terms.

(see, e.g., Supreme Court Decision 2007Hu4977, Jul. 23, 2009). For reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, combines part of the air in the cooling and cooling room of the instant patented invention (patent registration number D) with the scope of claims 24 and 37 of the instant patented invention (patent registration number D) named “E”.