Calgon Carbon Corporation v CSR Limited

[1988] APO 39

In the Matter of the Patents Act 1952 - and - In the Matter of Patent Application No. 528907 in the Name of CALGON CARBON CORPORATION - and In the Matter of Opposition thereto under Section 59 by CSR LIMITED.

 

DECISION OF A SUPERVISING EXAMINER OF PATENTS:

Background

Application No. 528907 in the name of Calgon Carbon Corporation was advertised as accepted on 19 May, 1983 and was opposed by CSR Limited in a notice lodged on 18 November, 1983. The matter was heard in Canberra on 21 April, 1988, and in a decision dated 4 July, 1988 I concluded that the opposition was successful on the grounds of prior publication, lack of novelty and non-compliance with section 40. I allowed the applicant 60 days to propose amendments, if it so desired, to cause the specification to claim patentable subject matter.

In a letter received on 14 September, 1988, the patent attorneys representing the opponent inquired upon the status of the application, and on 13 October, 1988 the patent attorneys for the applicant were informed of the said inquiry and were made aware of the need for some action. A second inquiry was received from CSR's attorneys on 18 October, 1988.

Conclusion

The period of 60 days allowed in my earlier decision expired on 4 September, 1988, the applicant made no response within that time, nor has it responded to subsequent communication. I therefore refuse to seal a patent on the application.

(J.I. WELSH)

Supervising Examiner of Patents

28 OCT 1988

Patent attorneys for the applicant: Spruson & Ferguson

Patent attorneys for the opponent : A.S. Cave & Co.