Brunswick Sales Pty. Ltd. v. the Titan Manufacturing Co. Pty. Ltd.

[1988] APO 20

In the Matter of the Patents Act 1952 - and - In the Matter of Application No. 518132 for a Patent by BRUNSWICK SALES PTY. LTD. - and In the Matter of Opposition thereto under Section 59 by THE TITAN MANUFACTURING CO. PTY. LTD.

 

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:

In my decision in this matter dated 23 October, 1984 I found the opposition successful on the ground that the claimed invention lacked novelty. I afforded the applicant an opportunity to seek leave to amend its specification in order to claim novel subject matter. A request to amend was filed by the applicant within the time allowed and following examination action was advertised in the Official Journal on 3 December, 1987. In the absence of any opposition being filed to that request, the request was allowed and the specification duly amended, as notified in the official Journal on 12 May, 1988.

Following the allowance of the amendment request, the opponent advised via its patent attorneys that it did not wish to be further heard in respect of this matter.

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.

(T.R. BRUHN)

Supervising Examiner of Patents

15 JUN 1988

Patent Attorneys for the applicant : James M. Lawrie & Co. Patent Attorneys for the opponent : Clement Hack & Co.