S .USHA,VICE -CHAIRMAN - (1.) This appeal is against the order dated 11/05/2009 passed by the Deputy Controller of Patents in India Patent application No.1880/DELNP/2005 filed on 05/05/2005 under section 15 of the Patents Act, 1970 (hereinafter referred to as the Act).
(2.) THE facts of the case are - - The application was filed on 05/05/2005. On 27/07/2007 the First Examination Report under section 12 of the Act was issued. The objections were that the claimed invention lacks inventive step in view of the prior art documents JP2002 -145769, JP58 -216118 and JP2002 -114674 and also raised objections against claims under section 3(d) and 3(e) of the Act.
(3.) ON 26/12/2007, the appellant submitted a detailed reply with respect to the inventive step, section 3(d) and 3 (e) of the Act. On 25/03/2008 and 24/06/2008, the Deputy Controller issued two office actions wherein the objections raised with respect to inventive step, section 3(d) and section 3(e) were maintained without any explanation as to how and why the submissions presented by the appellant were not sufficient. In reply on 16/06/2008 and 30/06/2008 a detailed reply was sent to the Patent office with respect to inventive step, section 3(d) and section 3(e) of the Act.;