official notice
decision of a delegate of the commissioner of patents
Application : No. 614979 in the name of BARRY FRANCIS HOMAN
Title : An Improved Blade Plough
Action : Dismissal of opposition.
Decision: Issued . Request for dismissal of opposition withdrawn. Decision not to dismiss opposition.
patents act 1990
decision of a delegate of the commissioner of patents
Re:Patent Application No. 614979 by BARRY FRANCIS HOMAN, opposition thereto by GROVEHILL PTY LTD, and a request under regulation 5.5 for dismissal of the opposition.
background
On 17 February 1992 the applicant filed a request under regulation 5.5 for dismissal of the opposition. Following some delays, the matter was set for hearing in Brisbane on 3 September 1992.
On 27 August 1992 the applicant withdrew their request under regulation 5.5 for dismissal of the opposition.
Decision
Having regard to the withdrawal of the request for dismissal of the opposition, I hereby decide not to dismiss the opposition.
D. HERALD
Assistant Commissioner of Patents
Patent attorneys for the applicant : G.R. Cullen & Co., Brisbane
Patent attorneys for the opponent : Grant Adams & Co, Brisbane
- AGLC
- Barry Francis Homan v Grovehill Pty Ltd [1992] APO 48
- Case
- [1992] APO 48
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the opposition raised by Grovehill against Homan's patent application should be dismissed or allowed to continue. This required the court to consider whether the request for dismissal, initially filed by Homan, should be upheld or if it should be withdrawn. The court also needed to determine whether the opposition should proceed in light of the applicant's withdrawal of the dismissal request.
The court considered the procedural steps taken in the case, including the withdrawal of Homan's request for dismissal of the opposition on 27 August 1992. Given this withdrawal, the court concluded that it was appropriate to decide not to dismiss the opposition. This decision allowed the opposition to proceed, as the applicant had effectively abandoned their initial request to dismiss it.
In summary, the court decided not to dismiss the opposition raised by Grovehill against Homan's patent application for an improved blade plough. This decision followed Homan's withdrawal of the request for dismissal, allowing the opposition to proceed. The court's decision effectively ended the application for dismissal, leaving the opposition intact.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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