oa 4

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The application for patent No.197257 was filed on 29.09.1997 in the name of the inventor Mr. Hubert Jacques Francois. Form 6 was then filed on 18.07.2002 and the application was allowed to proceed in the name of the applicant herein. The application was examined and found in order for grant which was published on 03.06.2005. A request under S.78(4) was filed on 02.07.2005 to carry out clerical corrections and amendments. Four amendments were sought for in the complete specifications and the claims. In the impugned order all the four were reversed. The applicant has filed an appeal against the reversal of the three amendments and for some reason the respondent has filed an appeal under the impression that the words “consisting of” has been amended to “comprising of”. To conclude, we allow amendment of the patent specifications as follows: (i) Wherever the word “roller” is found, it shall be amended to “pad”; (ii) The prayer for changing “homogenous solid solution” to “homogenous phase” is rejected; (iii) The prayer for changing the word “weight” to “volume” in the last sentence of Claim 1 and Claim 4 is rejected and (iv) The prayer for amendment of the word “consisting of” to “comprising of” in Claim 1 is rejected. 30. The application for patent is allowed to proceed on the basis of complete specifications found in order for grant on 09.02.2005 with substitution of words “roller” with “pad” which we have found to be a translation error as per para ante. The order of the Controller, therefore, stands modified to that extent. The respondent No. 3 is directed to amend the patent specification and claims accordingly and publish the same. 31. OA/4/2007/PT/DEL is therefore, partially allowed. OA/17/2010/PT/DEL is allowed. No order as to costs.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018 (Circuit Bench Sitting at Delhi)   OA/4/2007/PT/DEL AND OA/17/2010/PT/DEL FRIDAY, THIS THE 1st  DAY OF JUNE, 2012   HON’BLE SMT. JUSTICE PRABHA SRIDEVAN    … CHAIRMAN HON’BLE SHRI D.P.S. PARMAR                               … TECHNICAL MEMBER (PATENTS)   OA/4/2007/PT/DEL   Magotteaux International S.A. (Belgium), C/o Dr. Ramesh … Continue reading

INTELLECTUAL PROPERTY APPELLATE BOARD A line from Tom Stoppard’s play, “Night and Day”, reads thus, ”I’m with you on the free press. It is the newspapers I can’t stand.” The two newspapers before us obviously cannot stand each other. Though they nearly came to “marrying” each other in a manner of speaking, they have now fallen apart and are fighting legal battles. 45. M.P.No.70/2012 in TRA/6/2005/TM/DEL, M.P.No.71/2012 in OA/4/06/TM/DEL, M.P.No.72/2012 in ORA/112/2006/TM/DEL, M.P.No.73/2012 in ORA/64/2007/TM/DEL and M.P.No.74/2012 in ORA/67/2007/TM/DEL were all filed for reception of additional evidence. In this judgment, we have taken into account all the evidence filed and considered the relevant ones. In view of this, all the above MPs. are allowed. As we are not inclined to order for cross-examination of witnesses, M.P.No.157/2010 in TRA/6/2005/TM/DEL is dismissed. M.P.Nos.04/2008 in TRA/6/2005/TM/DEL filed for extension of time for filing rejoinder evidence and M.P.No.264/2010 in OA/4/06/TM/DEL for stay stand closed as nothing survives.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018 Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in     M.P.Nos.04/2008, 157/2010 & 70/2012 in TRA/6/2005/TM/DEL M.P.Nos.264/2010 & 71/2012 in OA/4/06/TM/DEL M.P.No.72/2012 in ORA/112/2006/TM/DEL M.P.No.73/2012 in ORA/64/2007/TM/DEL M.P.No.74/2012 in ORA/67/2007/TM/DEL and TRA/6/2005/TM/DEL OA/04/2006/TM/DEL ORA/112/2006/TM/DEL ORA/64/2007/TM/DEL ORA/67/2007/TM/DEL   WEDNESDAY, THIS THE 4TH DAY OF APRIL, 2012 … Continue reading

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