In the case of Daikin Industries Ltd. v. Assistant Controller of Patents and Designs, the Indian Patent Office refused Daikin’s patent application relating to a shell and plate heat exchanger on the ground of lack of novelty over a prior art document. During the appeal before the High Court, Daikin sought permission to amend claim 1 by incorporating additional limitations already disclosed in the specification. The court examined whether such an amendment could be permitted at the appellate stage under Section 59 of the Patents Act.
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