In a recent decision, the Hon’ble IPAB allowed an appeal and the matter has been remanded back to the Patent Office for reconsideration by a new controller. The applicant argued that a fair opportunity of being heard was denied to them. It was argued that two new documents were cited during the hearing, both in the Japanese language. The controller did not give the applicant an opportunity to submit counter arguments in respect of said new documents. It was also argued that the controller didn’t even wait for the prescribed period of 15 days to get the written submission of the appellant and refused the application on prima facie evidence of lack of inventive step. The IPAB on review of the decision, the hearing notice and the examination report, agreed that a fair opportunity had not been provided to the applicant and allowed the appeal. The application under question was remanded back to the Patent Office for reconsideration by a new controller.