NOVOZYMES Vs. ASSISTANT CONTROLLER OF PATENTS SC -DESIGNS

JUDGEMENT

(1.) The appellant challenges the order dtd. 15/11/2016 of the respondent refusing to grant a patent in respect of Indian Patent Application No.5326/CHENP/2008. The said application pertains to an invention that was originally titled as "Phytase Variants" and subsequently amended as "Phytase Variants with Improved Thermostability". The amended claims of the appellant include the following: 1. A phytase which has an improved thermostablility, wherein the phytase comprises at least one alteration and no more than 4 alterations as compared to SEQ ID NO:2 wherein at least one of said one to four alterations is selected from the 2/33 https://www.mhc.tn.gov.in/judis following:4P, 46E, 52E, 53V, 76G, 107G, 111P, 119K, 162C, 223E, 241Q, 273L, 276K, 379K, 385D, 91C/46C, 52C/99C, 31C/176C, 31C/177C, 59C/100C, 141C/199C, 162C/247C, 111P/241Q, 31C, 202N, 286Q and 362 K,R.

(2.) The phytase of claim 1, wherein the phytase has improved thermostability indicated as residual activity determined by dividing a supernatant in two parts, one part is incubated for 30 minutes at 60 , and the other part of 30 minutes at 5 C, following which the activity of both is determined on p-nitrophenyl phosphate at 37 C and pH 5.5, where the residual activity of the phytase is the activity of the sample having been incubated at 60 C divided by the activity of the same sample having been incubated at 5 C where the residual activity of the phytase is at least 105% of the residual activity of the reference phytase SEQ ID NO:2, measured in the same conditions. ....

(3.) Oral arguments on behalf of the appellant were addressed by Ms.Vindhya S. Mani, learned counsel from M/s.Lakshmikumaran and Sridharan; and on behalf of the respondent by Mr.Subbu Ranga Bharathi, learned Central Government Standing Counsel, and Mr.Manoj Madhavan, Deputy Controller of Patents.