JUDGMENT :

AMIT BANSAL, J.

1. The present appeal under Section 117A(2) of The Patents Act, 1970 (hereinafter “the Act”) impugns the order dated 14th September, 2018 passed by the Deputy Controller of Patents and Designs, whereby the appellant’s application for grant of the patent bearing no. 2924/DEL/2008 has been refused.

Brief Facts

2. The brief facts necessary for deciding the present appeal are set out hereinafter:

(I) The aforesaid patent application was filed with provisional specification on 23rd December, 2008 at the Delhi Patent Office. Subsequently, a complete specification with ten claims was filed with the Patent Office. Along with the complete specification, the appellants also filed a duly filled Form 18 as the Request for Examination of the said patent application on 23rd December, 2009.

(II) A First Examination Report (FER) was issued on 30th March, 2017, in terms of which, an objection was raised that the claims lack inventive step in view of the prior-art documents referred to as D1, D2, D3, D4, D5 and D6 and therefore, do not constitute an invention under Section 2(1)(j) of the Act. The FER also raised an objection under Section 3(h) of the Act stating that the subject