ENERCON (INDIA) LIMITED Vs. ALOYS WOBBEN

JUDGEMENT

(1.) THE applicant seeks revocation of the Patent No: 203552 for an Invention titled" Method for monitoring a Sensor." The Priority date is 27 -11 -2001.

(2.) THE applicant sought revocation of the patent on several grounds. Pending the ORA, Miscellaneous Petition No.86 of 2012 was filed for submitting a copy of the decision of the Opposition Board dated 24th February, 2010 in respect of corresponding EP Patent No. EP1454058. In these proceedings the Respondent had amended the claims since the Opposition Board had found the original claims were not novel in view of a prior art which is "The Wind Turbine Components and Operation" Bonus Info Newsletter. This prior art is cited before us too. Miscellaneous Petition No. 142/2012 has been filed for amendment of the claims.

(3.) THIS matter was heard earlier by another Bench and orders were reserved. But orders were not pronounced because the then Technical Member retired. So we have heard the matter all over again. The respondent had amended the claims before the EPO. Therefore the Learned Counsel for the Applicant raised a preliminary ground that having accepted the EP objections the patentee cannot be heard to say that the claims as granted will stand. The Leaned Counsel for the respondent submitted that they are defending only the claims as amended. The amended claims were sent to the Controller, who has given his opinion that the amendment does not fall within S.59 of the Patents Act. This opinion was also furnished to both the parties so that they could respond to it.