JUDGMENT

Amit Bansal, J. (Oral)

1. The present appeal has been filed under Section 117-A of the Patents Act, 1970 impugning the order dated 28th June, 2022 passed by the Assistant Controller of Patents and Designs in the patent application no. 4334/DELNP/2013 (hereinafter "subject application") titled "Data Processing Device and Data Processing Method" (hereinafter "subject invention"). Subject invention relates to data processing method and device that can easily process control data that is required for performing demodulation during digital video broadcasting and has its PAPR (Peak-to- Average Power Ratio) improved.

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

2.1. The appellant had filed the subject application on 15th May, 2013 at the Patent Office, New Delhi as a national phase application of PCT (Patent Corporation Treaty) application PCT/JP2011/076173 dated 14th November 2011 and claimed priority from JP Patent Application no. 2010-259665 dated 22nd November, 2020.

2.2. On 16th October 2014, the appellant filed a request for examination of the subject application. However, it was only in November 2018 that the Patent Office examined the subject a