Bristol-myers Company v L'OREAL

[1989] APO 18

In the Matter of the Patents Act 1952

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In the Matter of Application No. 537169 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 AN ACTING SUPERVISING EXAMINER OF PATENTS:
         In my decision in this matter dated 24 August 1988 I found that the opposition succeeded on the ground that claims 22 to 25 did not relate to a manner of new manufacture and the ground of non‑
compliance with section 40.  I afforded the applicant the opportunity to propose amendments to overcome these defects.  Requests to amend were filed by the applicant within the time allowed and following examination action were advertised in the Official Journal on 15 December 1988.  The requests to amend were not opposed, were allowed and the specification duly amended, as notified in the Official Journal on 20 April 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 findings and 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.

(M. KENDALL)

Patent Attorney for the Applicant: Phillips, Ormonde & Fitzpatrick