The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. In filing a petition for a trial to confirm the scope of a patent right, the invention subject to the confirmation must be specific to the extent that it can be compared with the patented invention in question. Moreover, prior to such determination, the invention subject to the confirmation must be specific to the extent that it can be distinguished from the other invention in question from the other invention.

(see, e.g., Supreme Court Decision 2010Hu3356, Sept. 8, 2011): Provided, That even if there is an ambiguous part in the description of the invention subject to confirmation or a part inconsistent with the description in the description, if it is possible to determine whether the invention subject to confirmation falls under the scope of patent right of the patented invention by comprehensively taking into account the remaining details and drawings in the description of the invention subject to confirmation, the invention subject to confirmation ought to

(see, e.g., Supreme Court Decisions 2010Hu3356, Sept. 8, 2011; 2010Hu296, May 27, 2010). (b)

The record reveals the following circumstances.

1) The Defendant asserted against the Plaintiff that the instant invention under the name of “O” falls under the scope of the right of the instant patent invention (patent number C) under the name of “D” and claimed a trial to confirm the scope of active right. The Defendant filed a petition for a trial to confirm the scope of the instant patent invention’s claims 1 (hereinafter “instant Claim 1”) and indicated the remainder in the same manner.

(1) The heading of a Si/Gun/Gu shall constitute “a dispute formation” (hereinafter referred to as “contributation”) the heading of which is higher than the heading of the Si/Gun/Gu.

In response, the description of the invention subject to confirmation of this case stated in the explanatory note of the invention subject to confirmation of this case as follows: “The internal cups are located on the inside side of the external cups and the part of the internal cups is formed in the same height as that of the external cups and the approximates.”