Thus, the Supreme Court holds as follows. The appeal shall be dismissed. Cost for the appeal shall be borne by the Appellant. The Appellant insists that the Appellee's such acts constitute infringement of the patent right identified below. Thus, in this suit, the Appellee sues the Appellant for the affirmation of non-existence of the right to claim compensatory damages for infringement of the same patent.
Facts established by the original court are as outlined below.
The finding of facts can be affirmed as valid in the light of the evidence shown in the original decision. There is not the alleged illegalities in the process. With respect to the original application, the final decision for rejection became conclusive for the reason that the original invention could have been obvious over the well known inventions. The subject invention and the original invention are substantially the same. The Appellee is manufacturing and selling as its business the semiconductor devices described in the accused device lists A and B attached to the decision of the first instance.