- Case number
- (T)CMA(PT) 154/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
Refusal under sections 2(1)(ja), 3(k), 10(4) and 59 set aside on all four grounds. Section 3(k) appeared for the first time in the order itself, never in the First Examination Report or the hearing notice, so the applicant had no opportunity to meet it. The cited prior art addressed different problems, and the final amendment filed with the written submissions had already taken the claims outside section 59.
Disposition
Allowed. Impugned order set aside and the application remanded to a different Controller.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.