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

Judgment ex officio is made.

The judgment below

According to the reasoning, the lower court determined that the nonobviousness of the claim No. 1 and No. 2 of the patented invention (Patent No. 398702) of this case (Patent No. 398702) was denied by the comparable inventions as indicated in the lower judgment.

However, according to the records, on August 21, 2014, which was after the decision of the court below was rendered upon the plaintiff's request for a correction trial, the trial decision to correct the claim 1 of the patented invention of this case becomes final and conclusive. The claim 2 of the patented invention of this case can be seen as a dependent claim referring to the claim 1 of the corrected patent amount. Thus, pursuant to Article 136 (8) of the Patent Act, the claim 1 and Paragraph 2 of the patented invention of this case shall be deemed to have been registered by the

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

Therefore, without further proceeding to decide on the grounds of appeal, 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.