IMPACT SELECTOR INTERNATIONAL LLC Vs. CONTROLLER OF PATENTS

JUDGEMENT

(1.) The present appeal has been filed under Sec. 117-A of the Patents Act, 1970 impugning the order dtd. 12/7/2017 passed by the Assistant Controller of Patents and Designs in the Indian Patent Application No. 2366/DELNP/2006 (hereinafter "subject application") filed on 28/4/2006 for the invention titled "Field Adjustable Impact JAR" (hereinafter "subject invention").

(2.) Brief facts relevant to decide the present appeal are as follows:

(3.) The impugned order dtd. 12/7/2017 was passed by the Assistant Controller of Patents and Designs on the very same date when the hearing took place and the written submissions were filed, rejecting the subject application on the ground of lack of inventive steps under Sec. 2(1)(j) read with Sec. 2(1)(ja) of the Patents Act, 1970 in view of the prior art references GB499616 and US5267613. The relevant part of the impugned order is set out below: