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).

1. As to whether the defendant product belongs to the scope of protection of the patented invention of this case

(a) The scope of protection of a patented invention shall be determined by the descriptions of the claims and shall not, in principle, be allowed to limit or expand the scope of protection by an explanation or drawing of the invention.

However, since the technical meaning of the description in the claims can be understood accurately by taking into account the description or drawings of the invention, the interpretation of the description in the claims should be based on the general meaning of the text, but should be based on the general meaning of the text, and should be objectively and rationally after considering the technical significance to express the description of the invention, drawings, etc.

(see, i.e., Supreme Court Decision 2018Hu10350, Feb. 14, 2019). Meanwhile, in order to deem that a product manufactured by the other party to a patent infringement lawsuit or a method of use, etc. (hereinafter “product, etc. subject to infringement”) infringes on the patent right of the patented invention, an organic combined relationship between each element specified in the claims of the patented invention and its elements should be included in the product, etc. subject to infringement.

(see, e.g., Supreme Court Decision 2010Da65818, Sept. 29, 2011). (B)

The judgment below

The reasons and records reveal the following circumstances.

1) The instant patent invention (patent number G) is a patent invention named “C.” The Defendant’s product is a patent invention claiming claims 1 of the instant patent invention (hereinafter “instant Claim 1”) and the other claims are indicated in the same manner.

(2) The elements of the Claim 1 invention of this case include 1 to 5 as they are. (2) The internal air of the Proliferation 1 invention of this case flows into the inner space of the body and the body.