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

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court determined to the effect that the patent registration should be invalidated on the ground that the nonobviousness of a patent invention of this case (patent registration No. 1231176) under the patent claim No. 1, (3), (4), (6), and (7) of the instant patent invention (patent registration No. 1231176) is denied by comparable invention 1, 2, and 3 as indicated in the holding of the lower judgment.

However, according to the records, on January 23, 2015, which was after the decision of the court below was rendered by the defendant upon the defendant's request for correction trial (No. 2014No. 113), the patent application of this case was deleted and the decision was rendered to correct the detailed description of Paragraph (1) and Paragraph (7) of this case. Since paragraphs (4) and (7) of the patent application of this case are subordinate claims citing Paragraph (1) of the corrected patent claim, the patent application of this case should be deemed to have been registered by the specification after the correction was made pursuant to Article 136 (8) of the Patent Act.

Therefore, the judgment of the court below, which examined and determined the existence of grounds for invalidation of a patent on each of the above claims of the patent invention prior to correction, was erroneous in the misapprehension of law which affected the judgment, since there were grounds for retrial under Article 451 (1) 8 of the Civil Procedure Act.

The ground of appeal pointing this out is with merit.

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.