COLGATE-PALMOLIVE COMPANY, A COMPANY ORGANIZED UNDER THE LAWS OF USA Vs. THE ASSISTANT CONTROLLER OF PATENTS AND DESIGN

JUDGEMENT

(1.) ORIGINAL appeal is filed against the order dated 23/12/2009 rejecting the grant of Indian Patent Application No.3900/DELNP/2007 on opposition filed by M/s Hindustan under section 25(1) by way of representation.

(2.) THE Indian Patent Application No.3900/DELNP/2007 filed on 24/05/2007 by Colgate -Palmolive Company (USA) is directed to an "oral care implement" with 40 claims filed on 24/05/2007. On 27/08/2008, the First Examination Report was received by the appellant. On 13/08/2009 a reply was filed by the appellant to the First Examination Report. The appellant had amended its claims.

(3.) ON 26/05/2009 a notice of hearing under section 25(1) of the Patents Act, 1970 (hereinafter referred to as Act) was issued. On 01/12/2009 the appellant filed their written submissions. On 23/12/2009 the Controller issued a decision on the said pre -grant representation. Being aggrieved by the said order, the appellants have preferred this appeal on various grounds.