- Case number
- CMA(PT) 37/2023
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Remanded
Headnote
A remand on a narrow point, and expressly not on the ground that the order was unreasoned. The Controller held that peening of the heat affected zone was obvious from the cited document, but the independent claim and the specification were directed at peening beyond the boundary of stress concentration, which the cited document nowhere expressly addressed. Because the order stopped at the heat affected zone, the Court declined to decide whether peening beyond the stress affected area is a technical advance or non-obvious, and left that to the remand.
Disposition
Set aside and remanded for the limited purpose of examining the claim as directed to peening beyond the boundary of stress concentration. No opinion expressed on the merits.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.