BHASKAR BANERJEE. J. - (1.) All these four mandamus-appeals were heard together as all these appeals are directed against the selfsame order dated 10th February, 2006 passed by a learned single Judge of this Court thereby disposing of a writ application filed by the Despondent nos. 1 to 4 herein by setting aside the order dated December 28, 2004 passed by the Controller of Patents and Designs and remanding the matter back to him for arriving at a fresh decision on the application of the petitioner for exclusive marketing right according to law that existed on May 3, 2002. His Lordship further directed the Controller to take into consideration the report of the examiner dated July 28, 2000 and to appreciate the significance of silence of the examiners regarding claim which the respondent nos. 1 to 4 pressed in the proceedings.
(2.) His Lordship further directed the Controller to give a reasonable opportunity of hearing to the parties who participated in the proceedings culminating in the decision dated December 28, 2004.
(3.) The facts giving rise to filing of these four mandamus-appeals may be summed up thus: (a) The writ-petitioners filed an application for grant of patent under Section 5(2) of the Patents Act, 1970 on 28th August, 1998. Subsequently, on 30th June, 2000 the writ-petitioner further filed an application for grant of exclusive marking right ("EMR"). On July 28, 2000 the examiner filed examination-report as regards the claim of the writ petitioners for grant of E.M.R. (b) The Controller of Patent, however, by order dated 3rd May, 2002 refused the prayer of the writ-petitioners Tor E.M.R. (c) Being dissatisfied, two different writ-applications were filed before this Court being W. P. No. 20469 (W) of 2004 and W. P. No. 20407 (W) of 2004 and a learned Single Judge of this Court set aside the said order dated 3rd May, 2002 and directed the Joint Controller of Patent to consider and give order on the application for grant of E.M.R. afresh keeping all points open. (d) Pursuant to the aforesaid order dated 16th December. 2004, the Controller of Patent again rejected the application filed by the writ-petitioners on December 28, 2004. (e) On January 1, 2005, the Patent (Amendment Act) 2005, came into operation by which various amendments of 1970 Act was made and the Chapter IV-A which provided the mode of adjudication of the claim of EMR was totally deleted. (f) On June 9, 2005, the writ-peti tioner filed the present writ- application thereby challenging t he order dated 28th December, 2004 passed by the Controller of Patent by which the prayer of the E.M.R. of the writ-petitioners was rejected for the second time.;