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2016 (65) PTC 1 (Del) (DB) By:AJIT KUMAR Signing Date:24.03.2024 10:50

(ix) The knowledge of agricultural compositions containing 90% sulphur, even if existing prior in point of time, was in the context of fungicides, and not in the context of fertilisers.

(xxxi) Reliance was placed, by the defendants, on Fertiliser Control Order dated 16 December 2006 (hereinafter referred to as "the FCO 2006"), which permitted use of sulphur of up to 90% by weight in the form of powder or as granules. The reliance was misplaced. The FCO 2006 merely recommended a minimum standard of sulphur composition (90% by weight) in powder or granules-based server compositions. Further, the FCO 2006 referred to a particle size of 4 mm (4000 µ) and the use of Bentonite as an inert filler. The suit patent was not restricted to envisaging a higher percentage of sulphur in the final product but included other essential elements in Claim 1. The FCO 2006 did not disclose the particle size, granule size, type of formulation and high loading of sulphur. The FCO 2006 could not, therefore, be regarded as teaching or suggesting the features of the embodiments in the suit patent.

(f) therefore, increase of sulphur loading to 90% and reduction of particle size of sulphur.

It was absurd to suggest that all these are apparent from the teachings in App 655 and the FCO 2006.

(xxxv) The defendants had also placed reliance on an article published in September 1995 in the journal EXTOXNET, machine or apparatus unless such known process results in a new product or employs at as well as on an article titled Technical Bulletin: Oxidation of Elemental Sulphur in Soils by Boswell, et al. Neither of these taught, suggested or rendered the suit patent composition as obvious. None of them envisaged a combination of highly sulphur loading introduced particle size range, as envisaged by the suit patent, especially given the explosive character of sulphur.

Granule size: 100-2500 d) D1: Above 200 micron [Pg. 50 micron (0.1-2.5 mm) of Plaintiff's Docs filed along with Plaint].

a) Gazette of India, FCO notification dated 28th December 2006: 1 mm to 4 mm i.e 1000- 4000 micron 2006 (Pg. 228-231 Ref. Pg. 230 of Defendant's Document dated 13.07.2019 filed in 5 Volumes).

c) Gazette of India, FCO notification dated 28th December 2006: Straight Sulphur Fertilizers Sulphur to Sulphate a) D1: Oxidation of Sulphur. conversion b) US 5, 599,373 Patent of Pietro Zanuccoli: Once sulfur is present in soil in finely divided form, it is converted into sulfate icons by sulfoxidizing microorganisms, like the bacteria of the kind Thiobacillus.