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

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 2 and 3

A. (1) Even in a case where there are changes in the composition of the patented invention as described in the claim(s) in the invention subject to confirmation, if the patented invention and the task are identical to that of the patented invention, and practically the same effect as that of the patented invention, and if there is a person with ordinary knowledge in the art to which the invention pertains, any person can easily think, barring special circumstances, the invention subject to confirmation is still equivalent to the composition stated in the claim(s) of the patented invention and still falls under the scope

When determining whether the solution principle for the task of the invention subject to confirmation is identical to the invention subject to confirmation, part of the composition stated in the claim does not formally be extracted, but in comparison with the prior art in consideration of the detailed description of the invention mentioned in the specification and the prior art at the time of application, it should be practically examined and determined on what is the core of the professional engineer who is based on the special solution method in the patented invention.

(see Supreme Court Decision 2012Hu1132, Jul. 24, 2014). (2) Whether the action effect is substantially identical should be determined based on whether the task that has not been resolved in prior art is resolved by the infringement product, etc.

Therefore, in principle, if the core of the professional engineer based on the unique solution is realized in the infringing product, etc., the effect of the invention shall be deemed to be substantially identical if it is based on the detailed description of the invention and the prior art at the time of application.

However, if the core of the above professional engineer is already known at the time of the application of the patented invention, or is only similar, the core in the professional engineer of the patented invention is the core.