Amit Bansal, J. (Oral)

1. The present appeal has been filed under Section 117-A of the Patents Act, 1970 impugning the order dated 7th July, 2017 passed by the Assistant Controller of Patents and Designs in the Indian Patent Application No. 1055/DELNP/2009 (hereinafter "subject application") filed on 12th February, 2009 for the invention titled "Process Device with Density Measurement" (hereinafter "subject invention").

2. Brief facts relevant to decide the present appeal are as follows:

2.1 The appellant had filed the subject application on 12th February, 2009 at the Patent Office, New Delhi, claiming priority from 29th August, 2006 based on a US patent application 11/511584, which was subsequently granted as US7461562 on 9th December, 2008.

2.2 A request for examination was filed on 18th February, 2009 and the patent application was published under Section 11A of the Act on 31st July, 2009. Subsequently, the Patent Application was examined by the Controller and a First Examination Report (FER) was issued on 22nd August 2014. The FER essentially contained objections, inter alia, that claims of the subject application were not patentable in terms of Section 2(1)(j), Section 2(1)(