JUDGMENT

Background This appeal is directed against an order dated 04 March 2020 rejecting Patent Application No.6061/CHENP/2010.

2. The predecessor-in-interest of the appellant, GE Healthcare Biosciences Corp, had applied for grant of patent for an invention titled “A Gamma Sterilizable RFID system that Prevents Unauthorized Operation of Associated Disposable Bio-process Components” by claiming priority from 27 March 2008 as per application dated 20 August 2008 for grant of patent before the United States Patent Office (the USPTO). After filing PCT Application No. PCT/US08/073624, the predecessor-in-interest of the appellant filed the national phase application in India on 27 September 2010. Upon request by the appellant, the First Examination Report (FER) was issued on 27 March 2018. In the FER, objections were raised on various grounds, including under Section 3(k) of the Patents Act, 1970 (the Patents Act) and Section 2(1)(ja) thereof. The appellant responded to the FER on 09 September 2018. Thereafter, pursuant to a hearing held on 16 December 2019, the appellant filed written submissions along with amended claims. Eventually, by order dated 04 March 2020, the patent applicatio