BRISTOL-MYERS COMPANY v L'OREAL
[1992] APO 34
•29 June 1992
official notice
decision of a delegate of the commissioner of patents
Application : No. 552400, in the name of BRISTOL-MYERS COMPANY
Title: Meta-Phenylenediamine Coupler Compounds and Oxidative Hair Dye Compositions and Methods Using Same
Action: Opposition under s.59 of the Patents Act 1952 by L'OREAL
Decision: Issued . Application and amended specification can proceed to sealing.
patents act 1990
decision of a delegate of the commissioner of patents
Re:Patent Application No. 552400 by BRISTOL-MYERS COMPANY and an Opposition under s.59 of the Patents Act 1952 by L'OREAL
background
In a decision dated 18 July 1989 I found the specification of application no. 552400 did not comply with section 40. I allowed the applicant an opportunity to propose an amendment to overcome the defect. The applicant filed a request to amend the specification within the time allowed. After examination the request was allowed and advertised in the official journal dated 9 May 1991. The opponent did not advise it wished to be heard before I issued a final decision.
I am satisfied the amendment removes the ground for my earlier finding. And in my opinion there is no lawful ground of objection to the application and complete specification. Therefore I direct application no. 552400 proceed to sealing.
M Kendall
Delegate of the Commissioner of Patents
Patent attorneys for the applicant : Phillips Ormonde and Fitzpatrick.
Patent attorneys for the opponent : Watermark.
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