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

The grounds of appeal are examined (including any statement in the supplemental appellate brief not timely filed).

The lower court determined that the claim Nos. 1, 3, 4, 5, and 8 of the instant patent invention (patent No. 882800) under the name of “water treatment facilities monitoring and control system” ought to be invalidated under Articles 133(1)6 and 47(2) of the former Patent Act (amended by Act No. 12753, Jun. 11, 2014; hereinafter the same).

However, according to the records, on December 30, 2014, which was after the decision of the court below was rendered by the defendant upon the defendant's request for a correction trial, the patent application of this case was corrected under Paragraph (1) and the decision of correction was finalized to delete the claim Nos. 3, 4, and 8, and the claim Nos. 5 of the patent application of this case can be seen as a dependent claim citing Paragraph (1) of the patent application. Thus, the patent application of this case should be deemed to have been registered according to the corrected specification under Article 136(8)

Therefore, the judgment of the court below, which examined and determined the invalidity of the patent of the patented invention of this case prior to its correction, was erroneous in violation of the law that affected the conclusion of the judgment, since there were grounds for retrial under Article 451(1)8 of the Civil Procedure Act.

The ground of appeal pointing this out is with merit.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.