JUDGMENT :

Ravi Krishan Kapur, J.:

1. This is an appeal under section 117A of the Patents Act 1970 challenging an order dated 16 September 2021 passed by the Assistant Controller of Patents and Designs rejecting Patent Application No. 1879/KOLNP/2011 dated 5 May, 2011 filed by the appellant.

2. Briefly, the appellant is a biopharmaceutical company focused on discovery, development and commercialization of first-in-class pharmaceutical therapies to treat ocular surface diseases. The present invention relates to a stereospecific synthesis of (R)-5(E)-2-pyrrolidin-3-ylvinyl)pyrimidine, its salt forms, and novel polymorphic forms of these salts. The present invention also includes methods for treating a wide variety of conditions and disorders, including pain, inflammation, and conditions associated with dysfunction of the central and autonomic nervous systems.

3. The appellant had filed an application with claims 1-35 and Form 13 making voluntary amendments to claims 1-9 on 31 October 2017 and 22 October 2018 respectively. Subsequently, a First Examination Report (FER) was issued on 10 July 2019. A detailed reply to the FER was duly submitted by the appellants on 11 February 2020 alongwit