JUDGMENT

Aggrieved by an order of the Controller of Patent rejecting the appellant's application for patenting its invention titled PROPYLENE IMPACT COPOLYMER AND METHOD, this appeal is preferred.

2.The learned counsel for the appellant explained that the invention has three components; a) a process of developing polymer using low volatile elements; b) the product or the outcome of such process; c) developing a catalyst to be used in the process. This was rejected by the respondent under Section 2(1)(ja), 3(d), 10(4) and 59 of the Patents Act.

3.The facts are;

The petitioner applied for patenting its invention. The invention may ●

be briefly explained as under;

“5.In an embodiment, the process includes forming a propylene impact copolymer having a volatiles content less than about 30 mg/g as measured in accordance with VW standard PV3341.

6.The present disclosure provides a composition. In an embodiment, a propylene impact copolymer is provided and includes a propylene-based polymer, and a propylene/ethylene copolymer dispersed within the propylene -based polymer. The propylene impact copolymer also includes a substituted phenylene aromatic diester.

7.The present disclosure provides an ar