JUDGMENT

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The present appeal under section 117A of the Patents Act, 1970 (hereinafter 'Act') has been filed by the Appellant/Applicant - FMC Corporation (hereinafter 'Applicant'), against the order dated 10th May, 2022 passed by the Asst. Controller of Patents & Designs in respect of Applicant's patent application bearing no. 201917036361.

3. The background of the matter is that the Patent Applicant, FMC Corporation, through its predecessor, Bayer Aktiengesellschaft, filed a patent application titled "HERBICIDAL MIXTURES" on 10th September, 2019 in the Indian Patent Office.

4. The patent application, as originally filed, had a total of 13 claims covering a large number of compositions. The First Examination Report (hereinafter referred as 'FER') was issued by the Patent Office on 26th March, 2021. In the FER, objections relating to lack of inventive step under section 2(1)(ja) and non-patentability under Sections 3(d) and 3(h) of the Act as also lack of clarity and definitiveness were raised. The said objections were explained in detail in the FER. The FER also raised objections relating to 'efficac