1. This is an appeal under Section 117A of the Patents Act, 1970 against
the order passed by the Controller of Patents and Designs, Kolkata,
dated 26th June, 2023 under Section 15 of the Patents Act, 1970
wherein the application filed by the appellant being Indian Patent
Application No. 685/KOL/2015 dated 10th June, 2015 was rejected.
2. The application filed by the appellant before the Controller is for
invention titled “A Device and method for generating and delivery of a
Nicotine Aerosol to a user”.
3. Mr. J. Sai Deepak, Learned Senior Advocate representing the appellant
submits that the device does not have any electrical/electronic
components or like arrangement. The device consists of a tube
enclosing at least two components. One of the components holds at
least one aerosol generating substance i.e. nicotine/alkaloids and
another component holds at least one aerosol promoting substance, i.e.
pyruvic acid. He submits that the two components are arranged parallel
to each other in a novel configuration. During inhalation, the aerosol
generating substance reacts with the aerosol promoting substance at a
particular location to generate the nicotine salt-based aerosol to be
delivered to the user.
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