Court : Intellectual Property Appellate Board IPAB
Decided on : Jun-26-2009
..... compound with several advantageous properties is far more suitable for the preparation and formation of drugs useable for treatement of cancer as compared with the free base imatinib. therefore, its alleged invention satisfies section 3(d) of the act and is patentable. respondents vehemently contradicted the arguments of the appellant. we have very carefully analysed the issue with respect to ..... technology upto imatinib mesylate. what the appellant has surprisingly found is its alleged invention. this is further proved from the claim 13 (see also paragraph 3 supra) and the corresponding description and example. it claims processes for preparing the -crystal form taking one of the starting materials as ??an amorphous starting material of the methanesulfonic acid addition salt of ..... 4 that the salt could not exist in alpha form and the salt inherently existed only in beta form. moreover, the impugned specification of the appellant itself contained a chart comparing the various qualities of alpha crystalline form with beta crystalline form of that salt, which established that the said salt could exist in both forms. the beta form ..... solid form. in that connection, shri bhushan referred to an article ?? a simple method for oral administration of drugs in solid form to fully conscious rats ? published in 1983 by the appellant. a copy of the same was also annexed to the supplementary written submission as annexure g. referring to a passage therefrom he submitted that often pharmacological .....Tag this Judgment!