BRISTOL-MYERS SQUIBB COMPANY v L'OREAL

[1993] APO 12

official notice

decision of a delegate of the commissioner of patents

Application        :  No.547971 in the name of BRISTOL-MYERS   SQUIBB COMPANY

Title             :  HAIR WAVING OR STRAIGHTENING PROCESS   THAT SIMULTANEOUSLY CONDITIONS HAIR AND   HAIR WAVING COMPOSITION THEREFORE

Action : S.59 opposition by L'OREAL; final decision following amendment action subsequent to initial decision.

Decision           :  Issued            .  Application and   complete specification as amended to   proceed to sealing. 

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No.547971 by BRISTOL-MYERS SQUIBB COMPANY and an opposition by L'OREAL under section 59 of the Patents Act 1952

FINAL DECISION OF A DELEGATE OF THE COMMISIONER OF PATENTS 

In my decision in this matter dated 21 August 1991 I found that the specification did not comply with section 40 and did not relate to a manner of manufacture. I gave the applicant an opportunity to propose amendments to overcome these defects. A request to amend was filed by the applicant within the time allowed. Allowance of the request was advertised in the Official Journal dated 6 August 1992. The opponent has not advised that it wishes to be heard further in respect of the section 59 opposition.

I am satisfied the amendments remove the grounds for my earlier findings.  And I consider 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
Delegate of the Commissioner of Patents

Patent attorneys for the applicant  :  Phillips Ormonde & Fitzpatrick, Melbourne

Patent attorneys for the opponent   :  Watermark, Melbourne