All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

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

1. Article 2 subparag. 3 of the Patent Act is classified into “an invention of a product”, “an invention of a method”, and “an invention of a method of manufacturing a product”.

An invention containing a description of the manufacturing method (hereinafter referred to as “invention of a product”) as a whole, even if the manufacturing method is indicated, since the invention is not the manufacturing method, but the product itself finally obtained, and thus constitutes an invention of a product, among the types of inventions, even though the entire claims are indicated as a product.

The claims for the invention of a product must be stated in a way that specifies the composition of the product as the subject matter of the invention. Thus, the method of manufacturing described in the claims for the invention of a product has only meaning as one of the means that specifies the structure and nature of the product as the final product.

Therefore, when determining the patent requirements for a product invention described in the manufacturing method, the technical composition of the invention is not limited to the manufacturing method itself, but it is necessary to examine whether there is newness, inventive step, etc. compared with prior art publicly notified prior to the filing of the application by identifying it as an object with the structure, character, etc. specified by all description of the claims, including the description of the manufacturing method

(See Supreme Court en banc Decision 201Hu927 Decided January 22, 2015). 2. The lower court determined that: (a) claims 9 (hereinafter “claim 9”) of the instant patent invention (patent registration number No. 494358) using the name “the creation for the enhancement of brain or recognition function”; and (b) claims 10, 17, and 18 of the instant patent invention (patent registration number No. 494358); and (c) the registration should be invalidated on the grounds that the nonobviousness should be denied by prior inventions 3 and publicly known art.

(2).