Court : Intellectual Property Appellate Board IPAB
..... depth position along said direction of observation by focusing and inclusion (supported by the amended description on page 5 of the specification)claim 7: an apparatus, comprising a holder (2) for supporting a diamond (d), a light source (7), a scanning means (4), a computer, and a camera or microscope, suitable to carry out the method according to any of the preceding claims 1 to 6.claim 6: an apparatus, comprising a holder (2) for supporting a ..... sivovolenko vol.2 (technical features of the optical set at page 38-point 5 at page 39) wo099/661890 vol.5 (lines 5-6 at page 70) gb2080712 vol.3 (line 23 at page 135) gb2081439 vol.5 (though light source is not explicitly mentioned, it can be easily inferred by a person skilled in the art as the tv viewer is capturing an image of the diamond which cannot be obtained without using ..... having a focusing means is used to obtain a depth position along said direction of observation by focusing said inclusion.claim 7: an apparatus, comprising a holder (2) for supporting a diamond (d), a light source (7), a scanning means (4), a computer, and a camera or microscope, suitable to carry out the method according to any of the preceding claims 1 to 6.claim 5 ..... possibly rotate the holder and/or to translate the holder in order to position the diamond in an optical axis a, which is the optical axis of a projecting light-beam projected through the diamond unto a half permeable mirror, refuting in a diamond image at a microscope and/or camera and to a scanner. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... by the following: - donaldson case law on page 9, held in great detail, that "means-plus- function language in claim must be construed in light of specification and interpreted in light of corresponding structure and material, or acts and equivalents to extent that specification provides a disclosure regardless of context. ..... the question to be asked is whether this mythical creature (the man in the clapham omnibus of patent law) would, in the light of the state of the art and of common general knowledge as at the claimed date of invention, have come directly and without difficulty to the solution taught by ..... of these two three-phase independent winding is that whenever the short circuit occurs, consequent current generated is reduced to half of what it would have been, had there been a single winding. ..... for applicant submitted that claim 1, would be obvious to anyone ordinarily skilled in the field of electrical engineering in the light of the combination of the two prior art documents. ..... it is fair to construe any published document in the light of knowledge up to and including the day before the filing or priority date valid for the claimed invention and to have regard to all the knowledge generally available to the person skilled in the art up to ..... 7, para 3, line 2], it is stated that separate three-phase windings lead to division of electric power in the winding and as these windings are isolated, short-circuit in one set of winding would affect only that half of the total winding. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the averment of the respondent that its mark was coined and invented is half truth as the mark is not invented. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... it would not be in public interest to allow a mark that has not been used for a half a century and more (emphasis supplied). 18. ..... half a century and more is enough time for a bonafide person to show use or intention thereof, only a dog-in-manger squatter will be unable to produce such evidence. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... failed to differentiate the arguments on anticipation and lack of inventive step; (8) that the controller erred in holding that combining two drugs with significantly different half lives and plasma protein binding activity would have been obvious to a person skilled in the art when the half lives of cefixime and cloxacillin were known and the common general knowledge had sufficient material on combining drugs with different ..... in this regard, respondent has filed extracts from pharmacy text books and wikipedia extracts to cite the details of half lives of cefazolin and cefamandole, which are strongly objected to by the appellant on the ground that no ..... composition is not a simple admixture, but a synergistic composition in which two antibiotics having different half life and dosing frequency are mixed together in such a way that cloxacillin is released ..... . combining cefixime and cloxacillin in a single dosage form since both the antibiotics have different half lives, dose and plasma protein binding activity is addressed in the present patent which is not found ..... solves the problem of achieving therapeutically effective amount of cloxacillin and cefixime in the plasma by formulating a modified release drug delivery system which comprise (a) bulk of cloxacillin, having shorter half life present in a sustained release matrix which is released slowly over an extended period ..... from an opponent, the novelty of such invention must be considered in the light of prior specification and patents .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
(circuit bench sitting at delhi) honble shri z.s.negi, chairman: the appeal being c.m. (m) no. 244 of 2003, filed under sub-section (2) of section 109 of the trade and merchandise marks act, 1958, hereinafter referred to as the act, before the high court of delhi, is directed against the order dated 20.12. 2002 passed by the deputy registrar of trade marks, new delhi, whereby he refused the appellants application for registration of trade mark and allowed the opposition filed by the respondent no. 2. the honble high court of delhi has, in pursuance of section 100 of the trade marks act, 1999, transferred the said appeal to the intellectual property appellate board and the appellate board renumbered the said appeal as ta/202/2003/tm/del. 2. it is stated that the appellant, shri baldev singh, the sole proprietor of madaan plastic industry, is engaged in the business of manufacturing, marketing and selling of footwear. before 1.4.1995, the appellant was a partner of partnership firm consisting of partners s/shri satvinder singh, darshan singh and baldev singh and by a dissolution deed dated 1.4.1995, s/shri satvinder singh and darshan singh retired from the partnership firm and shri baldev singh continued the business activities of the firm as the sole proprietor thereof. the appellant in the year 1988 bonafidely adopted the trade mark casio in respect of footwear included in class 25 and has since then been using the said trade mark continuously and extensively till the present .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the appellant filed an appeal before the honble appellate board on 29th september 2009 after the expiry of the appeal period together with an application for condoning the delay of about month and a half. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the skilled man would understand this: and accordingly the combination was entirely obvious in the light of the prior manufacture, use and sale of ventide and the publication, of the various data associated ..... the learned counsel for applicant submitted that in light of the above disclosures it was amply obvious that timolol remained a treatment of choice, especially in combination therapies, such that the mechanism of action of the other drug would be complementary ..... apotex's "obvious to try" arguments, based on ksr, are unavailing in light of the district court's factual findings. ..... instead, they must be read in light of what they fairly teach in combination with the prior ..... it has been estimated that half of the patients who receive b-blacker therapy will require an additional medication for iop control within two years [29]"[page 723, column 1, para 2, line 3 onwards] " ..... the counsel submitted that in light of the arguments and contentions presented, case laws discussed and documents cited, the applicant thereby stated that the 212695 patent was obvious and ..... the counsel submitted that in light of these disclosures, a person skilled in the art would be motivated with a reasonable expectation of success, to employ bimatoprost instead of latanoprost ..... prior art had set a clear cut path in the direction of combination of bimatoprost and timolol, such that the enhanced treatment or reduced side effects of the same were relatively expected in light of routine laboratory protocol. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
(circuit bench sitting at delhi) order (no.139/2012) prabha sridevan, chairman: 1. these are cross appeals filed by the parties who are both aggrieved by the order dated 30.03.2007. we will refer to the appellant in oa/4/2007/pt/del as the applicant because it is the patent applicant and the appellant in oa/17/2010/pt/del will be referred to as the respondent. 2. the application for patent no.197257 was filed on 29.09.1997 in the name of the inventor mr. hubert jacques francois. form 6 was then filed on 18.07.2002 and the application was allowed to proceed in the name of the applicant herein. the application was examined and found in order for grant which was published on 03.06.2005. a request under s.78(4) was filed on 02.07.2005 to carry out clerical corrections and amendments. four amendments were sought for in the complete specifications and the claims. in the impugned order all the four were reversed. the applicant has filed an appeal against the reversal of the three amendments and for some reason the respondent has filed an appeal under the impression that the words consisting of has been amended to comprising of . 3. the invention is a composite wear component. the application for grant of patent was filed on 29.09.1997. the first examination report (fer) was sent on 09.02.2004. the last date for putting the application in order was 09.02.2005. the applicant sent its response on 04.02.2005, and according to the impugned order since the date for putting the application .....
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(circuit bench sitting at kolkata) order (no. 34 of 2013) ms. s. usha, vice-chairman: this appeal arises out of the order dated 31/07/2006 allowing the application no. 1281174 to proceed for registration and dismissing the opposition no. cal-206784 under the provisions of the trade marks act, 1999. 2. the opponent is the appellant herein and the applicant is the respondent. the respondent herein filed an application for registration of the label mark consisting of the letters mp (mono) and the word imul in a triangular shape under application no. 1281174 in class 29 for the goods milk and other diary products on 28/04/2004, claiming user since 01/04/2001. the trade mark application was advertised in the trade mark journal no. 1329 supplementary (1) dated 15/04/2005 at page no. 4031. 3. the registration of the trade mark was opposed by the appellant herein on the ground that the opponents i.e. the appellants are carrying on a well established business at anand in gujarat, manufacturing, marketing and exporting wide range of items such as milk, milk products, diary products, food products etc, under the trade mark amul since the year 1955. by virtue of long, extensive and continuous use, the appellants trade mark amul has become associated and identified by the public with the appellants goods alone. the respondents adoption and use of the trade mark imul is deceptively similar to the appellants trade mark and is likely to cause confusion and deception among the trade and .....
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