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2023 Supreme(Del) 808

C. HARI SHANKAR
Dolby International Ab – Appellant
Versus
Assistant Controller of Patents And Designs – Respondent


Advocates appeared:
Ms. Vindhya S. Mani and Mr. Gursimran Singh Narula, Advocates, for the Appellant.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates, for the Respondent.

JUDGMENT (Oral)

1. This appeal assails the order dated 29th January 2021 whereby Application No. 6570/DELNP/2009, of the appellant, has been rejected by the Assistant Controller of Patents.

2. I am constrained to observe that the impugned order, to say the least, most unsatisfactorily drawn up - it is hardly possible to treat it as written or drafted. To illustrate why I am constrained to express my anguish thus, I deem it appropriate to place the impugned order on record in the form of a screenshot thus:

3. It is impossible to understand, from the impugned order, where the reference to the claims begins, what part refers to the FER and where one is to find the reasoning of the Assistant Controller. In fact, in para 6 of the impugned order, a full page has been devoted to what appears to be a part of a diagram which has been cut and pasted by the Assistant Controller apparently for no reason whatsoever.

4. Let us try to deconstruct the impugned order. Para 1 is formal. Para 2 cuts and pastes the objection which was found outstanding from those in the First Examination Report (FER), as communicated to the appellant by the Controller. Para 4 first reproduces the claim in the pate

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