BOEHRINGER INGELHEIM INTERNATIONAL GMBH Vs. THE CONTROLLER OF PATENTS & DESIGNS, TRADEMARKS AND GEOGRAPHICAL INDICATIONS

JUDGEMENT

(1.) THE appellant is aggrieved by the order of the respondent No.1 dated 12.01.2011 wherein he refused patent application No.924/DEL/NP/2006 relating to "3 -[(2 -(4 -(Hexyloxycarbonylamino -lmino -Methyl) -Phenylamino -Methyl) -1 -Methyl -1h -Benzimidazol -5 -Carbonyl) -Pyridine -2 -Yl -Amino] -Propionic Acid Ethyl Ester Methane Sulphonate and Use Thereof as a Medicament."

(2.) ON examination of the application following objections were mentioned:

(3.) THE respondent No.1 found that documents D1 -D8 disclose all the features defined in claim -1 and dependent claims 2 -4 and hence according to the respondent No.1 claimed invention is not new and lack inventive step under S.2(1)(j). He also found claims 1 -4 fall within the scope of S.3(d) and the claimed process is a mere use of known process to prepare polymorphic forms of a substance and respondent No.1 refused the grant of the patent. Aggrieved by the said order, the appellant filed this appeal.