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"Patent. The '655 application disclosed discloses a fungicide composition comprising 80% Sulphur on a dry basis as described in claim 1 thereof. '655 application further discloses that the composition, as described and claimed therein, was effective in reducing the intensity of diseases on the aerial parts of plants at a low concentration. On the other hand, the subject patent provides a plant growth or fertilizer composition with a high loading of sulphur in the range of 82% to 98%. The '655 application nowhere discloses a composition with a high loading of sulphur as high as 82% to 98% by weight. The '655 application provides a foliar application of Sulphur for pest control, whereas the subject patent provides sulphur composition for soil application to facilitate sulphate conversion for ready uptake by the plants for their growth and high yield."

(xviii)The salient features of Claim 1 are that it is/has

(a) an agricultural composition for soil application,

(b) a composition which converts sulphur to sulphate instantly for ready uptake by plants,

(c) sulphur as an active ingredient in the range 82% to 98% (w/w),

(d) at least one dispersing agent of 2% to 18% w/w, in the form of WDGs, which

19. It is submitted that some water dispersible granules of Sulphur - both fungicidal and fertilizer -were known in the art.

One such fungicidal composition was disclosed in Plaintiff's own Indian Patent Application No. 655/MUM/2000 (hereinafter 655 Application) titled 'An improved fungicide/miticide, sulphur formulation in the dry flowable form (WG) and a method of manufacturing the same. It is pertinent to mention herein that the said application ('655 application) was cited as closest prior art during third party pre grant oppositions to the suit patent and has been distinguished by the Controller vide its order dated 11.04.2017 thereby rejecting this prior art as affecting neither novelty or inventive step of the claimed invention under the suit patent. The '655 application discloses a fungicide composition comprising 80% Sulphur on a dry basis as described in claim 1 thereof. '655 application further discloses that the composition, as described and claimed therein, was effective in reducing the intensity of diseases on the aerial parts of plants at a low concentration. On the other hand, the subject patent provides a plant growth or fertilizer composition with a high loading of sulphur in the range of 82% to 98%. The 655 application nowhere discloses a composition with a high loading of sulphur as high as 82% to 98% by weight. The 655 application provides a foliar application of Sulphur for pest control, whereas the subject patent provides sulphur composition for soil application to facilitate sulphate conversion for ready uptake by the plants for their growth and high yield.

31.2 App 655 discloses a composition of 80% Sulphur on a dry basis, whereas the suit composition contained Sulphur concentration of 82 to 98% w/w.

31.3 App 655 was for foliar application, whereas the suit composition was for application in the soil.