1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The summary of the case 1) The plaintiff, who had a patent right to the patented invention of this case, filed a claim of this case against the defendant for the return of unjust enrichment from infringement of a patent right by asserting that the mobile phone terminal, carrying the name of "Local Carbbek (SCH-60)", which the defendant produced against the defendant infringed on the plaintiff's patented invention. 2) The first instance court dismissed the plaintiff's claim of this case on the ground that the plaintiff's patent invention of this case falls under the expanded earlier application, and its inventive step should be invalidated by prior invention 3 and 4, and the plaintiff's exercise of patent right is not allowed as it constitutes abuse of right, and the plaintiff filed an appeal against this error.

B. The Plaintiff’s patented invention of this case (No. 1-1 and No. 2-1) from December 19, 2006, the Plaintiff asserted that only the claim No. 1 invention was infringed, and the Plaintiff acquired the patent right and completed the registration procedure for transfer from December 19, 2006, regarding the patented invention of this case (the Plaintiff asserted that only the claim No. 1 invention was infringed, and the claim No. 1 claim No. 1 is stated below, and only the claim No.

1) The title of the invention: C2) filing date / registration date / registration number : D/ E/F3: Claim 1) Claim : Control group which controls overall action of the mobile communication terminal / control for editing call and telephone number, and transmission and reception of emails at the employer’s request, and controls actions for inserting sound or reproduction in accordance with this invention’s license (hereinafter referred to as “class 1”); Control group which controls actions for inserting one’s own sound or reproduction in accordance with this invention’s license; hereinafter referred to as “class 2; hereinafter referred to as “content 2; hereinafter referred to as “c) an indication group in which information on a device and various display data according to the user’s license are printed by digital signal processing and printing out the voice entered through microfics, and converting the data received through the antenna into an Arabic signal.