5 Based on the principle of ne bis in idem set forth in the R.O.C. Patent Act, under which of the followingcircumstances, a person shall not be allowed to separately file an invalidation action against the same patentbased on the same facts and evidence?I. where another invalidation action has been filed based on the same facts and evidence and consideredgroundless by a decision.II. In an administrative action concerning revocation of a patent, where the Intellectual Property Court hastaken into account the new evidence submitted on the same grounds for the revocation prior to the end ofthe oral argument, and considered groundless by a judgment.III. where administrative remedy proceedings are filed but dismissed finally and bindingly.
(A)I and II only 
(B)II and III only 
(C) I a  nd III only
(D) I only