Bristol-myers Company v L'OREAL

[1989] APO 27

In the Matter of the Patents Act 1952

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In the Matter of Application No. 526329 for a Patent by BRISTOL‑MYERS COMPANY

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In the Matter of Opposition thereto under Section 59 by L'OREAL.

FINAL DECISION OF A SENIOR EXAMINER OF PATENTS:

In my decision in this matter dated 11 October 1988 I found that the specification did not comply with section 40 and I afforded the applicant the opportunity to propose amendments to overcome this defect.  A request to amend was filed by the applicant within the time allowed and following examination action was advertised in the Official Journal on 5 January 1989.  The opponent has not advised that it wishes 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.  Therefore I direct that the application and complete specification as amended proceed to sealing.

(M. KENDALL)

Patent Attorney for the Applicant: Phillips, Ormonde & Fitzpatrick,

Melbourne