JUDGMENT

In this appeal, the appellant impugns order dated 18.05.2020 rejecting patent application No.2416/CHE/2009 for grant of patent for an invention titled as “TWO-STAGE MODEL PREDICTIVE CONTROL TECHNIQUE”.

2. Upon request from the appellant, the respondent issued First Examination Report (FER) dated 26.03.2018. In such report, objections were raised inter alia on grounds of lack of novelty and inventive step by citing prior arts D1 and D2; non-patentability under Sections 3(k) and 3(m) of the Patents Act, 1970 (the Patents Act); and non-compliance with the requirement of Section 10(4) in respect of claim 45. The appellant responded to the FER on 26.09.2018. By such response, the appellant pointed out that original claims 2, 12, 27 & 45 were being deleted. The appellant set out reasons to justify the assertion of novelty and inventive step. As regards alleged non-patentability, the appellant stated that method claims 1 to 19 are not a m