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TITLE Supreme Court Decision 2014Hu2184 Decided November 25, 2016¡¼Invalidation of Registration (Patent)¡½ [full Text]
Summary
[1] Purport of Articles 133-2 and 136(3) of the former Patent Act, and permissible scope of correction in a patent invalidation proceeding
[2] Whether all details of the technical idea elucidated in the written description of the invention shall be included in the claims (negative); and, where elements not stated in the claims are included in the written description of the invention, whether that constitutes a case of discrepancy or inconsistency between the written description and the claims (negative in principle)
[3] Method of determining the nonobviousness of an invention
Whether the obviousness of an invention to a person having ordinary skill in the art to which the said subject matter pertains may be determined ex post, on the assumption that the art disclosed in the specification of the subject matter was known (negative)
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