The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. A person who intends to obtain a patent may claim priority on the invention described in the specification or drawings initially accompanying the earlier application filed prior to the filing date of a patent application or a utility model application having the right to obtain a patent or utility model registration (hereinafter “the initial specification, etc. of an earlier application which is the basis of the priority claim”) (see Article 55(1) of the Patent Act). In applying specific patent requirements such as newness and inventiveness, etc. with respect to the invention described in the first specification, etc. of an earlier application which is the basis of the priority claim among the inventions filed prior to the filing date of a patent application with the priority claim, the patent application shall be deemed to have been filed at the time the earlier application was filed (hereinafter “the filing date of the priority claim”). However, considering that the patent application is deemed the filing date prior to the filing date of the patent application with the priority claim, the examination of the requirements for the patent application with the priority claim may result in an undue infringement of third parties’ interests, such as the applicant for the priority claim and the filing date of the patent application with the priority claim.

Therefore, an invention whose base date of application of patent requirements is retroactive to the priority claim date pursuant to Article 5 (3) of the Patent Act is indicated in the first specification of an earlier application, which is the basis of the priority claim, as in Article 47 (2) of the Patent Act, among inventions for which a priority claim is filed.