ORDER

By this writ petition, the recommendation of the opposition board in patent No.323440 is challenged by the patentee. The primary ground of challenge is that the opposition board appears to have only taken into account the patent application and the opposition thereto and has disregarded the affidavits and evidence placed on record by the parties.

2. Without prejudice to the contentions on the merits of the opposition, learned counsel for the third respondent submits that the recommendations of the opposition board may be set aside and the matter remanded for consideration by a freshly constituted opposition board subject to the fixation of a reasonable time limit of about three months. 3. In view of the above submissions, it is unnecessary to adjudicate the matter on merits.

4. Accordingly, the following order is passed with the consent of the contesting parties:

(i) Impugned recommendations dated 04.03.2025 are set aside and the matter is remanded.

(ii) The second respondent is directed to reconstitute the opposition board, without including any members from the previous opposition board, within two weeks from the date of receipt of a copy of this order.

(iii) The reconstituted op