Application 925/CHE/2003 refused under S.15

In an order dated January 10, 2011, the Chennai Patent Office refused the Application Number 925/CHE/2003 filed by Novartis claiming mixture of anti-oxidant with oxidation sensitive macrolide everolimus. The Application is divisional of the parent application number IN/PCT/2001/783/CHE which matured into issued Patent Number IN202379. The Assistant Controller, Dr. S.P. Subramaniyan, refused the Application after Novartis failed to overcome the substantive objections raised in the First Examination Report (FER) particularly concerning prior claiming and conflict with claims of the ‘379 patent.

While replying to the FER, Novartis deleted all claims of the Application and filed a single amended claim which the Controller found to be conflicting with the claims of the ‘379 patent and hence concluded not allowable under S.10 (5) of the Act. The Controller also held that the subject-matter of the Application and the ‘379 patent are one and the same and thus, divisional status not allowable under S.16 of the Act.