JUDGMENT

Sanjeev Narula, J. (Oral)

1. The Appellant filed patent application No. 7529/DELNP/2014 as a national phase application arising from PCT application No. PCT/EP2012/069237 dated 28th September, 2012, for invention titled "Plastics Material Strapping Band and Method for Producing a Plastics Material Strapping Band" [hereinafter, "subject application"]. The subject application derives priority from a German patent application No. DE 102012102155.4 dated 14th March, 2012.

2. The Assistant Controller of Patents and Designs [hereinafter, "Controller"], vide order dated 20th July, 2020, refused the subject application under Section 15 of the Patents Act, 1970 for non-fulfilment of requirements under Section 2(1)(ja) and Section 10(4) of the said Act [hereinafter, "impugned order"]. The reasoning for this conclusion is as under:

"Analysis:

The invention relates to plastic strapping for wrapping around one or several objects.

D1 discloses boxing or packaging of individual articles or a plurality of articles and, more particularly, to an improved packaging method in which the package is first formed by means of a relatively thin or lightweight or structurally inadequate wrapper and i