- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Set aside
Headnote
Refusal set aside and the application for enzyme granules for animal feed directed to proceed to grant. On obviousness, the prior art disclosed a granule whose core might comprise either an organic or an inorganic salt among many combinations, but the order contained no discussion of why a person skilled in the art would select a zinc salt of an organic acid to solve the problem of enzyme stabilisation, and the Controller had been conscious that the prior art did not exemplify that effect yet concluded it would be obvious anyway. On section 3(d) the Court made a short point of construction: the same order had acknowledged novelty because the granule was not disclosed in the cited prior art, and if the granule is novel it cannot be a known substance, so section 3(d) has no application to it.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.