The appellate board granted a patent to Resverlogix Corp. for an invention related to
inflammatory agents for regulating interleukin-6 (IL-6) and/or vascular cell adhesion molecule (VCAM-1) after refusal by the patent office. The appellate authority considered the order of the controller to be against law and non-speaking.

The order was based on a document that was cited in the examination report but not cited in the hearing notice and not discussed I the hearing. The appellate authority considered that refusing an application based on a document which was not even discussed in hearing is totally against natural justice and cannot stand scrutiny of law. The appellate authority considered the refusal as incorrect as it was made on a statement that preparation of the compounds is known to a person skilled in the art whereas the compound claims are granted in other jurisdictions, after having considered all the mentioned prior arts. Therefore, the application was granted by the appellate authority.