The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the court below is just in holding that the invention in question does not fall under the scope of the right under paragraphs (3), (4) and (5) of the patent claim (registration number) of the patented invention in this case, the title of which is "B", and there is no error in the misapprehension of legal principles as to the interpretation of the scope of the claim or the specification of the invention in question

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.