S.USHA,VICE -CHAIRMAN - (1.) BOTH the appeals are against the impugned order dated 12.12.2007 in the matter of Post Grant Opposition to the Indian Patent No.197823 under Section 25 (2) of the Patents Act, 1970.
(2.) THE invention in No.197823 is listed as Metallized Packaging Films. The respondent Bilcare Limited herein made an application for grant of Patent bearing No.262/MUM/2004 on 03.03.2004. The 1st respondent was pleased to grant Patent. The grant of the patent was notified in the Official Gazette of the Patent Office dated 21.04.2006. The appellants namely Associated Capsules Private Limited and Amartara Private Limited had filed their notice of opposition well within time.
(3.) THE respondent Bilcare Limited filed their reply statement to the notice of opposition. On 31.01.2007 the Opposition Board was constituted under Rule 56 of the Patent Rules, 2003. On completion of the pleadings and filing of documents, the matter was fixed for hearing on 07.07.2007. Finally, the matter was heard on 6.11.2007 and decided on 12.12.2007. The Opposition Board report was given on 01.01.2008. Being aggrieved by the impugned order, both the appellants have filed these appeals on various grounds.;