JUDGMENT :

Krishna Rao, J.

1. The appellant has preferred an appeal under Section 117A of The Patents Act, 1970 against the order passed by the Deputy Controller of Patent and Designs dated 2nd March, 2023 wherein the post-grant opposition filed by the appellant for revocation of Indian Patent No. 307249 granted on 12th February, 2019 in an Indian Patent Application No. 1033/KOLNP/ 2013 dated 3rd September, 2013 under the title “SYSTEM /DEVICE PROCESS FOR CLASSIFICATION OF VARIOUS MATERIALS” in the name of CDE ASIA LTD. is refused.

2. The respondents had made an application being No. 1033/KOLNP/ 2013 dated 3rd September, 2013 for its invention titled “SYSTEM/ DEVICE PROCESS FOR CLASSIFICATION OF VARIOUS MATERIALS”. The said application was granted on 12th February, 2019 with India Patent No. 307249 over 10 claims.

3. Mr. Akhil Sibal, Learned Senior Advocate representing the appellant submitted that the main independent claim i.e. Claim 1 is a method claim for classification of various materials and Claims 2 to 4 are dependent upon process Claim 1. He submits that the patent contains another independent claim for system for classification of materials of variable sizes under Claim 5. He