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

The grounds of appeal are examined.

1. In determining the inventive step of an invention, it is necessary to grasp at least the scope and content of prior art, differences between the invention subject to the determination of inventive step and prior art, and the level of technology of a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) based on the materials indicated in the record, such as evidence.

In addition, even if an invention subject to determination of inventive step is different from prior art in light of the level of technology at the time of patent application, it is necessary to examine whether the person with ordinary skill can overcome such difference and make the invention easily from prior art.

In such cases, under the premise that an ordinarily skilled person can easily make an invention on the premise that he/she knows the technology disclosed in the specification of the invention subject to the determination of inventive step (see, e.g., Supreme Court Decisions 2014Hu2184, Nov. 25, 2016; 2016Hu1840, Dec. 13, 2018). 2. We examine in light of the aforementioned legal doctrine and the evidence duly adopted by the lower court.

A. The name of the instant invention (patent number F) filed and registered by the Defendant is “C”.

Claim No. 1 (hereinafter referred to as “instant Claim No. 1”) shall be divided from the kitchen container to prevent safety accidents due to the fall of the cooking container that is not intended at the time of separation by dividing the wave district comprising the knife from the kitchen container. The purpose of the claim No. 1 (hereinafter referred to as the “instant Claim No. 1”) is to provide a sloping cooking container which is designed to provide a stove the stove part of the stove by cutting off a part of the stoves into upper part, to be placed on the stoves of the inside the upper cover, by directly dividing the upper part of the stove, and by installing the stove so that the stove may be removed from the stove and improving the parts by simply improving the composition of parts.