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All appeals are dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. The scope of protection of a patented invention shall, in principle, be determined by the descriptions described in the scope of claims: Provided, That where the technical composition of the patented invention is unknown or it is impossible to determine the technical scope even if the description alone is known, it may be supplemented by other descriptions in the specification. In such a case, it is not allowed to expand the scope of claims pursuant to other descriptions in the specification. In a case where the technical scope is evident only by the descriptions in the scope of claims, interpretation that limits the description in the scope
(See Supreme Court Decision 2010Hu2377 Decided February 10, 201 (see, e.g., Supreme Court Decision 2010Hu2377). Meanwhile, Article 42(3) of the former Patent Act (amended by Act No. 8197, Jan. 3, 2007; hereinafter the same) provides that a detailed description of the invention must state the purpose, structure, and effect of the invention to the extent that a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) can easily implement the invention.
This is to clarify the technical content and scope that a third party intends to be protected as a patent by disclosing the contents of the invention claimed in the patent application only with the specification. Thus, the scope of the description required in the above provision refers to the extent that a person with ordinary skills can accurately understand the invention and at the same time renew the invention without adding excessive experiments or special knowledge to the technical level at the time of the application.
(see Supreme Court Decision 2010Hu2582, Oct. 13, 2011). In addition, Article 42(4)1 of the former Patent Act provides for “the scope of a patent claim to be protected” to be supported by a detailed description of the invention. This is accompanied by a patent application.