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TITLE Supreme Court Decision 2006Hu138 Delivered on August 24, 2007 [full Text]
Summary
[1] Whether it is permissible to determine denials of progressiveness of invention ex post facto on the basis that an ordinary technician knows the technology disclosed in the specification of the invention concerned (negative) [2] In determining the progressiveness of the ""eavesdropping mode,"" being a major component of the patent invention called a ""device and method to process emergency calls using mobile communications networks"", it is not permissible to determine that the invention can be easily made from the composition of ""reception of non-sound signals"" of the invention in comparison since it amounts to an ex post facto determination as to progressiveness of the invention on the basis of the disclosed contents of the above-mentioned patent invention.
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