Supreme Court of Korea

“ A patent can be granted to a selective invention on the conditions that first, a preceding invention has not yet disclosed subordinate concepts comprizing a selective invention in concrete; second, subordinate concepts possess effects different in quality from the preceding invention, or if not, at least, there exist conspicuous differences in effect as measured quantitatively between them. ”

“ The kinds of chemical compounds derivable from the general formula (1) of the Cited invention are quite extensive depending upon the choice among A, B, X, X1, Z, Z1, n and m, and a chemical compound, which is identical with the chemical equation (1) compound of this case{the definition of a substituent in the general formula (1) is omitted}, is obtained if H replaces A and B respectively ”

“ Therefore, the judgment of the court below is reversed without reviewing the remaining grounds for appeal, and the case is remanded to the court below for further trial ∙ determination. And it is so decided as per Disposition by the assent of all of the Justices who heard the case. ”