Atlas Powder Company v Ireco Chemicals

[1989] APO 33

In the Matter of the Patents Act 1952

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In the Matter of Application No. 530773 for a Patent by ATLAS POWDER COMPANY

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In the Matter of Opposition thereto under Section 59 by IRECO CHEMICALS.

FINAL DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS:
         In my decision in this matter dated 27 June 1988 I found that the specification did not comply with section 50 and that claim 19 was not novel.  However I afforded the applicant the opportunity to propose amendments to overcome these defects.  A request to amend was filed by the applicant within the time allowed and following examination action was advertised in the Official Journal on 27 January 1989.  The opponent has advised that it does not wish to be further heard in respect of the section 59 opposition.
         I am satisfied that the amendments remove the grounds for the earlier finding and I am of the opinion that there is no lawful ground of objection to the application and complete specification as amended.  Therefore I direct that the application and complete specification as amended proceed to sealing.

(M. KENDALL)

Patent Attorney for the Applicant: F.B. Rice & Co