Salil K.Roy Chowdhury, J. - (1.) This is an appeal under Section 116 of the Patents Act from an order refusing an application for patent under Section 15 (2) of the Patents Act. The facts of the case shortly are as follows :
(2.) On the 4th September, 1972, the appellant filed an application for grant of patent in respect of an alleged invention relating to chemical process and products. Original objection was taken by the Controller of Patents to the said application on the ground that the complete specification filed related to more than one invention. Consequently the appellant filed a further application under Section 16 of the Patents Act in respect of an invention already disclosed in the complete specification filed in respect of the first mentioned application. The said application under Section 16 related to lobular Aluminium Chloride and was filed on the 80th October, 1975. The Controller's office objected to the said claims Nos. 1 to 8 of the said complete specification as being not allowable under Section 5 (b) of the Patents Act, 1970. The Office of the Controller of Patents contended that the desublimation of Aluminium Chloride resulting in the particular lobular form involved chemical process and was, therefore, not patentable under the provisions of Section 5 (b) of the Patents Act, 1970. The appellant contends that claim 1 related to a chemical substance, namely, aluminium chloride in solid form of a definite size and configuration produced inter alia by a process of desublimation of the gaseous effluent of aluminium chloride and that process of desublimation was a physical process not involving any chemical reaction. The Scientific Officer dealing with the matter by his order dated the 6th August, 1977, refused the application under Section 15 (2) of the Patents Act, 1970. Consequently the present appeal was filed. The complete specification of the substance which is sought to be patented inter alia states as follows : "Solid lobular aluminium chloride". The invention relates to solid aluminium chloride and particularly aluminium chloride of the nature prepared by the process and apparatus described and claimed in Copending Indian Patent Application No. 1323/1972 and Indian Patent Application No. 1363/1972. Aluminium Chloride of high purity can be obtained by the process and apparatus described in the Copending Indian Patent Application referred to above. Such process results in the Formation of a preferred range of size of particles of aluminium chloride as well as selectively contoured particles of generally lobular configuration characterised by the substantial absence of generally planar exterior surfaces. Such configuration and range of particle size contribute to easy handling for subsequent electro-chemical conversion of the aluminium chloride to metallic aluminium. Desublimation as utilised herein refers to the direct formation of solid aluminium chloride from the gaseous phase thereof without any noticeable formation of an intermediate liquid phase.
(3.) The described desublimation of the aluminium chloride can be carried out at negative or vacuum pressures, for an example, down to about 0.1 atmosphere absolute as well as at positive or elevated pressures up to the pressure at which aluminium chloride would condense as a liquid under ambient conditions (up to about 10 atmospheres absolute), subject to considerations of partial pressure of the aluminium chloride present under the ambient condition.;