1. The Union of India has preferred this appeal against the order dated 03.12.2007 in W.P.No.33170/2004 passed by the learned single Judge who has held that the period of Patent is to be reckoned from 23.02.2001 and not from 19.06.1992 as ordered by the Controller of Patents & Designs, Government of India.

2. For the sake of convenience, the parties are referred to as in the writ petition.

3. The petitioner filed a patent application for grant of Patent under Section 7 of the Patent Act, 1970 (hereinafter referred to as “the Act”) on 19.06.1992. It was numbered as 374/MAS/92 by the 3rd respondent for examination. The petitioner was seeking a Patent for process of preparing slow burning coloured cigarettes wherein the micropores in the cigarette filter are blocked with coloured pigment and dyes, the colours being in the range of wave length of 3696 A.U. to 7070 A.U. The 3rd respondent after scrutiny raised certain objections by sending a letter dated 03.11.1995, the period within which the petitioner should have complied with the objections was 26.10.1996. The petitioner sent reply to the said objections by speed post on 22.10.1996 which was delivered to the 3rd respond