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4256-CHENP-2008 A process for the conversion of Claims 1 & 2 were held not patentable under Section 3 (c) of the
574-CHENP-2008 18:2Δ9.12 (linoleic acid) to Act, because the claim attempts to claim a sequence containing
4718-CHENP-2007 20:2Δ11,14”. a nucleic acid which is isolated. These claims were deleted to
obtain grant.
5027-CHENP-2009
A nucleic acid construct In the absence of any clarity over the essential and
comprising a polynucleotide constructional technical features of the claimed nucleic acid
comprising a nucleotide sequence construct, it can be said that the claim is indefinite, vague and
encoding a polypeptide having does not define the claimed subject matter technically. Since, the
beta-glucosidase activity, structure of the nucleic acid construct claimed in claim 1 is not
wherein the polynucleotide is clear it is not possible to carry out a precise prior art search.
operably linked to one or more Hence, the novelty/inventive step of amended claim 1 and the
heterologous control sequences. patentability of the claims u/s 3(c) cannot be acknowledged.
Anti-CD38 antibody. The Controller held that performing an artificial or non-natural
process for generation of a naturally existing molecule does not
prove that the product claimed is out of ‘discovery’ and hence
does not escape the clutches of section 3(c) of the Patents Act,
1970.
Anti-idiotype antibodies. It is clear that the claimed (in claims 1 to 24) SEQ ID NOs. 11,
13, 14, 15, 16, 18, 19 and 20 refer to DNA and protein (PRT)
from Homo sapiens as stated in the SEQUENCE LISTINGS. It
amply proves the fact that the antibody and DNA claimed in
claims 1 to 25 are only the naturally occurring molecules.
The Applicant has not established production of antiidiotype
antibodies without the intervention of living system in a natural
way. Therefore, human intervention cannot be acknowledged for
the claimed anti-idiotype monoclonal antibodies. Hence, claims
1-6 are not allowed under Section 3(c).
58 | Patents & Design
