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GOVERNMENT OF INDIA PATENT OFFICE CHENNAI BRANCH, INTELLECTUAL PROPERTY RIGHTS BUILDING GST ROAD, GUINDY, CHENNAI _ 600 032

- T rPR2009 Dated: /03/2009

-l'o M/S.KAMA'|H & KAMATI{, . . V ID H Y A '"6 I, F OU R T HMAIN ROAD, GANDHINAGAR.ADYAR.CHENNAI - 600020. No. 192657(1421IMAS/I995) of Patent in respect Sub: Opposition t<*t<

Sir. issuedundersecticttt25 of thc I am forwardingherewithdecisiondaled2710312009 PatentsAct, 1970 (as amendedby the Patents(Amendment)Act,2005) in I'csllecttrl' t o . 1 9 2 6 5 7( 1 4 2 1 / M A S 1 1 9 9 5 ) f b r P a t e nN Application

Yours faithfullv.

qrfll (A. RAJA) EXAMINER OF PATENTS& DESICNS for ASSISTAN'I CONTROLLER OF PATEN'fS & DIISIGNS

Copyto: t \

t l

A

M/S.MKC & ASSOCIATES. PARK. 365JODI-{PUIT KOLKATA - 700068.

}€tt{nc'n'

tita

THE PATENTSACT, 1970 Application N o . ln the matter of Patent

) ung i+ztltuestuss(re26s7 thereon' in ttt" matterof an opposition

Electricals Limited Applicants : India Nippon

Present:

Shri.M.K.Rao ShriM.K'ChakravarthY Shri.R. Devan Ms. B.Mahalakshmi

Agent for the APPlicant' .... ... Agentfor the OPPonent' & Designs' . . . . . .. AssistantControllerof Patents ....... Examinerof Patents& Designs'

DECISION

PatentApp|icationNo.(192657)1421IMAS/1995(hereinafterreferredtoaS'said app|ication,)wasfi|edon2ndNovemberlgg5onbeha|fof|ndianNipponE|ectrica| Limited,Tami|Nadu(hereinafterreferredtoas.theApp|icant.). Theacceptanceofsaidapp|icationwasadvertisedintheGazetteof|ndiadated 15.05.2004'Thesaidapp|icationwasopposedbeforegrantofapatentbyBajajAutoLimited, Pune(hereinafterreferredtoas,opponent,)u/s25(1)ofthePatentsAct,lgT0asamendedin under' 2002and the Rulesmadethere proceedings filedduringthe opposition The foilowrngdocumentswere

withsix(6)Exhibits s 12zooltosether 31T3'1lo;tJ:,lTt 'X,?n,:Xt,:SH:i'iT

24 05'2005 Opponent'sReplyEvidenceby way of anotherAffidavitof D Ghosedated

and dated18.02.2005 ReplyStatement Applicants' dated17.032005. of V chandrasekar by wayof an Affidavit Evidence

and 2 Japanese WrittenStatementreferredto 6 Exhibitsconsistingof 4 US PatentSpecifications PatentSPecifications. "locusstandi"in filingthe presentoppositionin paragraph2 Applicantchallengedthe opponent's and substantial,manufacturing of its Replystatement. In'reply, opponenthas reiteratedits real, huge a being they and that tradinginterestin opposingthe'grant'ofa patenton said application and electricvehiclesin India wheelers three and two of manlfacturer well-kno*i and multi-crore grantof a patenton said the in opposing has a real,substantial,bona fide and genuineinterest application as per paragraph7 of the The opponenthas relied upon the followinggroundsof opposition WrittenStatement, underSection25(1)(b)' a. Priorpublication 25(1)(d); b. Priorpublicknowledgeand / or use in IndiaunderSection c.obviousnessand|ackofinventivenessunderSection25(1)(e); d.C|aimsdonotdefinepatentab|einventionunderSection25(1)(f); e.Comp|eteSpecificationdoesnotsufficient|yandc|ear|ydescribethe publicationsas stated in para B of the written Also the opponent has relied upon 6 prior statement;theyareus4395999;US5020497US5009209,US4485785''JPPublication03281983and JP PublicationJP-2185872' They havefurtheraverredas follows' system for a petrolenginewhich according (,,n claim 1 of said applicationrelatesto an lgnition with parts to determinethe engine advance both to this claim comprisessix (6) component respecttospeedandthrott|epositionandtherebydeterminetheignitiontiming.

| t m a y b e n o t e d t h a t C t a i m l o f s a i d a p p | i c a t i o n r e | a t e s t o a n I g" n i t i o n S y s t e m f o r a p e t r o | e n g | n e the engine six (6) componentparts to determine which accordingto this claim comprises advancebothwithrespecttospeedandthrottlepositionandtherebydeterminetheignition 1)' timing"(Pleasesee last4 linesof Claim |tmayfurtherbeinferredthatbesidesmerelystatingthenamesofsixcomponentparts of definesthe assembly/ arrangementI inter-connection and their functions,none of the claims diagramand Drawing/sonly illustratesa Flow sheet such componentparts.The accompanying to understandthe makes it impossiblefor any person not the completecircuit diagram,which

underthe and incomplete misleading scopeof the claims.Thus the claimsare totallyspeculative Patentlaw. and in Further,it is a matterof recordthat all the citedsix publicationsrelateto lgnitionSystem the respectiveapplicanthad shownclearlyin the descriptionand in the each of said publications, and drawings,not only the componentparts of such lgnitionSystem,but also the arrangement i.e. assemblyof such parts to define the invention.This is not the case in interconnection, applicant'ssaid aPPlication. and or collectivelyanticipatethe individually It will be appreciatedthat these publications Specification allegedinventionalthoughthe terminologyof the componentpartsof the applicant's may differfrom the citeddocuments suppressedthe materialfact by not giving Therefore,the appticanthas willfullyand deliberately feature of the in its patent Specification and/or or in the Drawings,the essential inventive term of the invention,if any, so that a person interestedmay work out the inventionafter the patent exPires. under Section They submittedthat lt is necessaryand obligatoryon. the part of an applicant oe f rforminganinventionwhich 1 0 ( 4 )( b ) o f t h e p a t e n t s A c tl,g T 0 t o d i s c l o s e t h e b e s t m e t h o d p isknowntohimforwhichheisentit|edtoc|aimprotection. chartas an Exhibitwith its They also submitted besidessubmitting6 documents,a comparative This chartclearlvshowsthat all Evidence,ie. Affidavitof D Ghosedated'11'hDecember2004. the or a detailed lt may be notedthat by not givingthe circuitdiagramor the assembly, pqblications. the inventivefeature'if descriptionof the assemblyor partsthe applicanthas failedto distinguish therebe anY. or rearrangementor in the Had there been any inventive step involved in the arrangement invention as claimed in any of combination of these 6 component parts of the applicant's would have been specifiedin the Claims 1 to 7, it is only expectedthat such inventivestep that the applicant would have appficant's specification No.192657.lt is also expected

data someexperimental statedin the specification alleqedi

the

System.

featureof the alleged The applicanthas miserablyfailedto identifythe inventive to T These claimsonly disclosethe inventionettherin the descriptionor in any of the claimsl it is a matter of record that combinationof 6 componentparts anO nothing more' Further, (f); Claims 4 and 5 define the actuator, Claims 2 and 3 define the selector, i.e. component (a) as stated herein above' i.e. component (e); claim 6 defines the sensor, i.e. component invention is anticipated by one or Therefore,it is reiterated that the applicants' claimed having regard to such publications more priorpublications and it is not in any way inventive

than the date of filing or priorpublicknowledge which a skilledperson had on a day earlier may be rejected under said application.Therefore,the grant of a patent on said application s e c t i o n2 5 ( 1 )( b ) , 2 5 ( 1 () d ) a n d S e c t i o n2 5 ( 1 )( e ) ' commentingor submittedthat the applicanthas been all along unhelpfulby not It is respectfully or the expert's evidence' stating any reason as to why the opponent'sWritten Statement all the componentparts particularly the comparativechartwhich distinctlyand clearlyshowsthat known prior to the date of the of the ignitionsystem of the applicant'sclaimedinventionwere applicationboth individuallyand also collecttvely' not defined in any of the The applicanthas not describedin its Specificationand/or The complete Specification claims, the arrangementof the componentparts or the circuits. i'e' the noveltyof the invention furtherdoes not statethe inventivemeritof the claimedinvention, have achieved' (Please see the paragraph over the prior art which the applicantclarmedto bridgingpages4 and 5 of the CompleteSpecification)' lntheabovepremises'theapp|icanthasfai|edtotal|ytohelpthelearnedTribuna|through and the argument of the learned its Reply statement and/or Affidavitof V chandrasekhar in said application'is new' inventive counsel at the hearingthat the inventionas claimed of the learned counsel as to why the and is patentable. Further, there is no argument or collectively from the cited claimed invention is different from either individually comparative chart filed on behalf of the documents, and particularly as shown in the Opponent. a.nyspecific the applicantmerelyand evasivelydeniedwithout ln replyto these publications, the alleged in anticipating relevant not p"tent are dpecifications reasonsas to why th;;',t;J invention

citedcaselaws'the facts and mattersof this ln viewof the submissionsmadeherein,the pd;Jih"i the grantof a patenton said application oppositionfitedby "ii"nt, it is humbly and thb costs be awardedin our favour' O5'ietuseO ln replythe applicantshave defendedas

follows

publication,the whole of the It is worth repeatingthat to constituteprior in a singleprior document' In inventionof the applicant must be contained togethera batch of prior documentsand this contextit is not permissibleto group put togetherthe variousfeaturesthereintomakeuptheapplicants'invention.The by the disclosureof the entirety of the be established

priorpublicationmust

applicants'inventionin a singledocument'

any by theselegalprinciples,the Opponentshavefailedto make out Assessed the 6 cited caseon the ground of anticipationanyprior publication of the applicants' specifications,for the short and simplereasonsthat the whole of which is not invention should have beendisclosedin any one singledocument the case. "comparisonchart"which is The Opponentshaveproduceda chartcalled making a The so-calledcomparisonchart is an attemptto misleadby baseless. puzzle,while in mosaicof publicationsto put bits andpiecestogether,like a found in any of point of fact r there is nothing like the applicants'inventionto be the citeddocuments. it is hereby inferredthat the opponent's After a careful analysisof the above deliberations, documentsdo destroy the noveltyand statementhave succeededin proving that the cited inventtvestep of the presentinvention'

andno patentright is Thereforethe applicationfor patent is herebyrefused costsareawarded Datedthis27tndayof March 2009'

granted'No

,/l [Y'

II

( R.bEVAN ) Assistantcontrollerof Patentsand Designs

090327 India Nippon Electricals Limited v Bajaj Auto Ltd. POC.pdf ...

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