- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Dismissed
Headnote
Appeal dismissed and the refusal of a patent for polyamide materials with high fluid barrier properties affirmed. D5 described a multilayer structure using polyamide or a polyamide and polyolefin mixture as an optional barrier layer and did not teach away from it. D6 not only taught the use of novolac resin but demonstrated the benefit of combining it with a polyamide, its own table showing that the comparative example without novolac had a fluid permeation rate 31.5 times greater. Armed with both, a non-inventive person skilled in the art looking to solve the permeability problem would combine the elements of D5 with novolac resin, and arriving at the claimed invention would be a matter of routine experimentation. The Court was fortified by there being few options in engineering plastics and no need for more expensive high performance polymers.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.