Bevan James Riekie and Arthur Simpfendorfer v M.J. McGrath Pty Ltd and Calsil Ltd
[1987] APO 12
•2 June 1987
In the Matter of the Patents Act 1952
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In the Matter of Patent Application No. 527996 in the Names of BEVAN JAMES RIEKIE and ARTHUR SIMPFENDORFER
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In the Matter of Opposition thereto by
(1)M.J. McGRATH PTY. LTD.
(2)CALSIL LTD.
DECISION OF A SUPERVISING EXAMINER OF PATENTS:
In my decision in this matter dated 5 November 1985, I found that the claims, except claims 10 to 13, of the complete specification lacked novelty. I allowed the applicant 60 days in which to propose amendments with a view to claiming only novel subject matter.
The applicant lodged a section 77 request on 4 December, 1985 to amend the complete specification. Subsequent to proceedings under section 79, the request was advertised on 14 August, 1986, and allowed on 7 January 1987, the amendments being incorporated into the complete specification at that time.
I am satisfied that the amendments remove the grounds for the earlier findings and thus I am of the opinion that there is no lawful ground of objection to the application and complete specification. I direct therefore, that the application and complete specification as amended proceed to sealing, subject to any appeal.
(J.L. ROVETA)
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