- (1.) Leave granted.
(2.) We have heard the learned Counsel for the parties.
(3.) Learned Counsel for the Appellant has drawn our attention to Rule 138 of the Patent Rules, 2003, which reads as under: 138. Power to extend time prescribed. (1) Save as otherwise provided in the rules 24B, Subrule (4) of Rule 55 and Subrule (1A) of Rule 80, the time prescribed by these rules for doing of any act or the taking of any proceeding there under may be extended by the Controller for a period of one month, if he thinks it fit to do so and upon such terms as he may direct. (2) Any request for extension of time made under these rules shall be made before the expiry of prescribed period.;