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The judgment below is reversed, and the case is remanded to the Patent Court.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal on correction, the lower court requested correction on March 24, 2017, of the scope of claims for patent invention (patent registration number E) of the instant patent invention (patent registration number) named “C”
(C) The court below held that the scope of claims does not fall under the case where the scope of claims is substantially expanded or modified. The court below held that the scope of claims does not fall under the case where the scope of claims is substantially expanded or modified.
The reason is that each correction is substantially the same as the contents stated in the detailed description of the invention in the specification of the patented invention in this case before the correction, which does not cause any new purpose and effect, and there is no concern that it will cause unexpected damages to third parties.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the above determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine
2. As to the ground of appeal on inventive step
A. We examine the relevant legal principles and the evidence duly adopted by the lower court.
1) As to the corrective invention under Paragraph 2, Paragraph 2 of this Article: (a) collected the viewers’ reaction to the broadcast program provided on the Internet broadcast through the viewers’ response investigation program book, the viewers’ response processing server book, etc.; and (b) provided the result to the broadcasting station and the viewers.
Prior Invention 1 in the holding of the court below is an invention on the “real-time dual-time hybrid broadcasting system using the Internet environment”, and if viewers have access to the website by separate personal computers while viewing TV, and respond to the prior question posted on the website, the response result is transmitted to the broadcasting system and displayed on TV.
If so,