by the Supreme Court of Korea

“ The unity of the technical composition of the manufacturing method invention, that is the consistency of the sequential organic relationship when producing a particular target material by adding a reactant to an initial material, is not lost when adding the catalyst in the invention to the manufacturing method of the chemical material. Therefore, it is appropriate to consider it as a use invention containing all the artistic substance of the previous patented invention even when there is a prominent increase in yield due to the addition of a catalyst, unless there are special circumstances. ”

“ If so, unless there is a special circumstance such that the reaction by way of PSI is confirmed by future developments of technology or that there is objective proof instead of presumption about the reason why PSI is not detected in spite of its existence, there is no choice but to consider pyridineium adduct, which is confirmed by detection experiments, as the initial material of the second step reaction of the (Ga) invention, thereby, the ground for appeal concerning this issue cannot be accepted. ”

“ Thus there are reversible errors as to misunderstanding of the legal principle of equivalent relationship and incomplete trial, which affected the conclusion of the judgment. The ground for appeal pointing out this issue is also justifiable. 5. ”