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c)pyridin-3-ol (THIP) or a derivative thereof and a pharmaceutically acceptable carrier or excipient to increase tonic inhibition of neurons of the subject. "

16. The complete specification in the national phase application acknowledges that the field of the invention is a method of using the said composition or a derivative thereof, and the same reads as under:

"SUMMARY OF THE INVENTION Methods of increasing tonic inhibition of neurons in a subject, particularly subjects with Fragile X syndrome or Angelman syndrome are provided. Methods of treating secondary insomnia in a subject with a neurodegenerative disease or a central nervous system disorder are also provided. The methods typically include administering to the subject a pharmaceutical composition including an effective amount of 4,5,6,7- tetrahydroisoxazolo(5,4-c)pyridin-3-ol (THIP) or a derivative thereof and a pharmaceutically acceptable carrier or excipient to increase tonic inhibition of neurons in the subject, to increase slow wave sleep (SWS) and/or slow wave activity (SWA), normalize sleep architecture, reduce secondary insomnia, increase non-rapid eye movement (REM) sleep, increase sleep continuity, enhance delta activity within NREM, increase or improve total sleep time (TST), increase or improve sleep efficiency, reduce total time awake (TAA), reduce number of awakenings (NWA), reduce latency to persistent sleep (LPS), or reduce wake after sleep onset (WASO) in the subject, or any combination thereof in the subject."

20. The impugned order dated 31st August, 2021 after considering the submissions of the Appellant, gives the following analysis:

Qua Section 59 of the Patents Act, 1970 ".......
Analysis:- The object of the present invention is relates to a method of increasing tonic inhibition of neurons in a subject comprising administering to a human subject with a neurodegenerative disease, a neurogenetic disorder, or a central nervous system disorder a pharmaceutical composition comprising an effective amount of 4,5,6,7- tetrahydroisoxazolo(5,4-c)pyridin- 3-ol (THIP) or a derivative thereof and a pharmaceutically acceptable carrier or excipient to increase tonic inhibition of neurons of the subject. Further Applicant's agent filed the claims at the time of filing the application in National phase (as well as in at WIPO) pertains to "a method of increasing tonic inhibition of neurons in a subject comprising administering to a human subject with a neurodegenerative disease, a neurogenetic disorder, or a central nervous system disorder a pharmaceutical composition comprising an effective amount of gaboxadol or 4,5,6,7- tetrahydroisoxazolo(5,4-
c)pyridin-3-ol (THIP) or a derivative thereof and a pharmaceutically acceptable carrier or excipient" and in the dependant claims mainly discussing about the treating disease, treatment parameters, mode of administration and dosage of active drug. Nowhere in the claims discuss about the gaboxadol composition or components of the composition. Applicant agent filed the amended set of claims 1-20 to FER reply and also filed claims 1-8 to hearing reply but those amended claims 1-8 does not fall within the scope of the invention as originally filed claims as well as not supported the specification. Hence the amended claims 1-8 are not allowable under section 59 of the Patents Act, 1970."