- Court
- Calcutta High Court
- Date of judgment
- Judge
- Ravi Krishan Kapur
- Outcome
- Set aside
Headnote
Refusal of a patent for an improved biscuit baking oven set aside. The Controller had relied on a new prior art document even though amendments had been filed and the application re-examined, without issuing a Second Examination Report. The Court held that re-examination of a re-filed application is a mandatory procedure under section 13(3) and the Controller was statutorily bound to follow it, so the order could not stand on that ground alone. The order was also unsustainable for want of reasons, repeatedly recording only that the Controller was not persuaded by the appellant's arguments, with no discussion of the facts or merits. Judicial orders must meet the twin tests of why and what, and it is the why that sustains the what.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.