IP Case Digest · Patents

Kuraray Co. Ltd & Ors. v. The Assistant Controller of Patents & Designs

Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

Refusal set aside and the application for a method of producing a polyvinyl alcohol film for plant cultivation directed to proceed to grant on amended claims. The Controller had concluded that the claims failed to identify the critical steps contributing to the technical effect, that the steps were known in the general state of the art, and that optimisation of workable ranges lies within the skill of the person skilled in the art, but gave no source or basis for the conclusions resting on the general state of the art. The non-disclosure finding was untenable against the complete specification, which set out the mode of carrying out the invention, the methods of measuring birefringence, swelling degree and penetration resistance, and a table of evaluation results. The cited prior art taught away, proposing a laminate for its purpose.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.