S.USHA,VICE -CHAIRMAN - (1.) ORIGINAL appeal is filed against the order dated 23/12/2009 rejecting the grant of Indian Patent Application No.3900/DELNP/2007 on opposition filed by M/s Hindustan under section 25(1) by way of representation.
(2.) THE Indian Patent Application No.3900/DELNP/2007 filed on 24/05/2007 by Colgate -Palmolive Company (USA) is directed to an "oral care implement" with 40 claims filed on 24/05/2007. On 27/08/2008, the First Examination Report was received by the appellant. On 13/08/2009 a reply was filed by the appellant to the First Examination Report. The appellant had amended its claims.
(3.) ON 26/05/2009 a notice of hearing under section 25(1) of the Patents Act, 1970 (hereinafter referred to as Act) was issued. On 01/12/2009 the appellant filed their written submissions. On 23/12/2009 the Controller issued a decision on the said pre -grant representation. Being aggrieved by the said order, the appellants have preferred this appeal on various grounds. The appellant during the hearing brought to our notice the preliminary issue which was necessary to be decided before going into the merits of the case. The counsel submitted that the impugned order was not reasoned order.;