( 1 ) THIS appeal under section 19 (2) read with section 36 of the designs Act, 2000, hereinafter referred to as the said Act, is from an order dated 20th September, 2004 of the Assistant Controller of Patent and Designs, being the respondent No. 1, directing cancellation of Design No. 190336 registered in the name of the appellant.

( 2 ) THE appellant claims to carry on business inter alia of manufacture and marketing of figured and wired glass sheets since 1981. The appellant claims to be the originator of new and original industrial designs, applied by mechanical process, to glass sheets.

( 3 ) ACCORDING to the appellant the glass Sheets have eye-catching shape, configuration, ornamental patterns, get up and colour shades and the same are registered and/or are awaiting registration as industrial designs under the designs Act, 2000 and/or the rules framed thereunder.

( 4 ) FOR production of glass sheets of the design registered as Design No. 190336, two rollers are required. The rollers are manufactured by M/s. DORN bausch GRAVUREN GMBH of Germany, hereinafter referred to as the german Company. According to the petitioned the rollers are not only used for manuf