S.USHA,VICE -CHAIRMAN - (1.) APPEAL is against the order dated 03/02/2010 passed by the Assistant Controller of Patents and Designs refusing to grant the patent under section 15 of the Patents Act, 1970 (hereinafter referred to as the Act).
(2.) THE brief facts of the case are - - On 21/05/2004, the appellant filed an International Patent Application No.PCT/EP/2004/050889 under the Patent Cooperation Treaty (PCT) for an invention titled "Secure Traffic Redirection in a Mobile Communication System". The appellant had filed the Indian National Phase application with the Indian Patent Office on 18/11/2005 numbered as 5294/DELNP/2005, based on the aforesaid International and Swedish applications.
(3.) ON 03/06/2008, the First Examination Report was issued by the Patent Office raising the following objections. (1) Claims 1 to 11 do not constitute an invention under section 2(1)(j) of the Act as the claims lack novelty in view of the cited document No.WO03015360. (2) Each of the claims 9 to 11 relates to an independent invention. (3) Claims are not properly worded. Apart from these objections there was no other substantial objections raised.;