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As per case facts, the petitioners filed a writ petition challenging the Opposition Board's recommendation in a post-grant patent opposition proceeding (Patent No.IN340060). They argued that the Board failed to
...consider all evidence, including the patentee's submissions, and did not decide on the maintainability of the opponent's rejoinder. This was alleged to be a procedural irregularity and a violation of natural justice, leading to a recommendation that the patent lacks novelty, inventive step, sufficiency, and clarity. The question arose whether a writ petition challenging a non-binding recommendation of the Opposition Board is maintainable before a final decision by the patent authority. Finally, the High Court dismissed the writ petition as not maintainable, stating that the Opposition Board's recommendation is not a final order. The Controller will make the final decision after considering all evidence and providing a hearing under Rule 62, where all objections can be raised. An appeal against the final order is also available.
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