The judgment below is reversed, and the case is remanded to the Patent Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 42(3) of the former Patent Act (amended by Act No. 8197, Jan. 3, 2007; hereinafter the same) provides that the detailed description of the invention shall state the purpose, composition, and effect of the invention to the extent that the invention can easily be carried out by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”).

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 Decisions 2003Hu2072 Decided November 24, 2006, 201; 201Hu2582 Decided October 13, 201, etc.). In the case of an invention of a product, “working” refers to an act of producing, using, etc. the product. As such, inasmuch as “working” refers to an act of producing, using, etc. the product, the term “working” refers to an act of producing, using, etc. the invention’s entire production, use, etc., of the product specified in the claim(s), it cannot be deemed that the invention satisfies

Therefore, even in the invention of an object that represents the scope of elements only in numerical value, it is not required to show the whole numerical scope limited to the scope of claims. However, if an ordinary technician does not add excessive experiments or special knowledge in light of the level of technology at the time of application, the object is entirely included in the specification alone.