Airsense Technology Ltd v Vision Systems Ltd

FEDERAL COURT OF AUSTRALIA

Airsense Technology Limited v Vision Systems Limited [2007] FCA 828

AIRSENSE TECHNOLOGY LIMITED v VISION SYSTEMS LIMITED
SAD59 OF 2005

JESSUP J
31 MAY 2007
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	SAD59 OF 2005

BETWEEN:	AIRSENSE TECHNOLOGY LIMITED Applicant
AND:	VISION SYSTEMS LIMITED Respondent

JUDGE:	JESSUP J
DATE OF ORDER:	31 MAY 2007
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The proceeding be listed for directions at 9.30am on 29 June 2007.

2.If either party intends to advance a proposal for the future conduct of the proceeding, it file and serve a memorandum stating what that proposal is, together with any affidavit upon which it intends to rely in that regard, on or before 22 June 2007.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	SAD59 OF 2005

BETWEEN:	AIRSENSE TECHNOLOGY LIMITED Applicant
AND:	VISION SYSTEMS LIMITED Respondent

JUDGE:	JESSUP J
DATE:	31 MAY 2007
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This proceeding is an appeal pursuant to s 60(4) of the Patents Act 1990 (Cth) (“the Act”) against a decision of a delegate of the Commissioner of Patents given on 2 March 2005 under s 60(1) of that Act. By that decision, the delegate allowed, in part, the respondent’s opposition to the grant of the applicant’s patent application No. 689484. The respondent has filed a cross-appeal with respect to those parts of the delegate’s decision which favoured the applicant, and a notice of contention with respect to certain points which, it contends, ought to have been decided in its favour by the delegate.

2. The applicant’s invention relates to data processing apparatus and methods, and to apparatus and methods for detecting the content of impurity in a gaseous medium.  It seems that the main practical utility of the invention would be in smoke detection systems used to warn of the outbreak of fire in buildings etc.  At the time of the delegate’s decision of 2 March 2005, the applicant made the following claims in relation to the invention:

   1.A method of detecting content of an impurity in a stream of air flowing through main duct means in the form of sampling duct means of a smoke detection system, comprising causing only part of said stream to flow into secondary duct means, filtering said part of said stream through a particles filter disposed in said secondary duct means, and detecting, by detecting means downstream of said filter, the content of said impurity in the air in said secondary duct means. 

   2.A method according to claim 1, wherein the whole of said stream passes through a detection module through which extends said main duct means and which contains said secondary duct means, said filter and said detecting means.

   3.Apparatus for detecting content of an impurity in a stream of air, comprising main duct means in the form of sampling duct means of a smoke detection system and…