Bally Technologies ANZ Pty Ltd

In the case of Bally Technologies ANZ Pty Ltd, the court addressed a dispute regarding the re-examination of a patent application and the potential refusal to grant the application under Section 100A of the Patents Act 1990. Bally Technologies ANZ Pty Ltd, the applicant, had filed a patent application for wagering games and bonus systems for electronic gaming machines. The application faced objections during the re-examination process, specifically that the claims did not define a manner of manufacture, as required by Section 18(1)(a) of the Patents Act. Despite responses from the applicant, the examiner remained unpersuaded that the claims met the necessary criteria.

The primary legal issues before the court were whether the invention claimed in the application constituted a manner of manufacture and if there was patentable subject matter within the specification that could support valid claims. The court examined the specification and the applicant's responses to the re-examination reports to determine if the claims adequately described a manner of manufacture and if there was any patentable subject matter.

The court found that the claimed invention did not constitute a manner of manufacture, as required by Section 18(1)(a) of the Patents Act. Additionally, the court concluded that there was no patentable subject matter within the specification from which valid claims could be drafted. As a result, the court exercised its power under Section 100A to refuse to grant the patent application.

The court's decision was based on the applicant's failure to provide written submissions and the unpersuaded examiner's objections, which were grounded in the lack of compliance with the requirements of a manner of manufacture and the absence of patentable subject matter. The applicant's responses to the re-examination reports did not address the fundamental issues raised by the examiner.