CINPRES LIMITED v BATTENFELD GmbH

[1992] APO 52

official notice

decision of a delegate of the commissioner of patents

Application        :    No. 568375 in the name of CINPRES LIMITED

Title:    PROCESS AND APPARATUS FOR INJECTION MOULDING

Action: Oppositon under section 59 by BATTENFELD GmbH

Decision:    Issued            .  Amendments allowed, application to proceed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 568375 by CINPRES LIMITED and opposition thereto under section 59 of the Patents Act 1952 by BATTENFELD GmbH

background

In a decision dated 3 July 1991 I found that some claims of the specification of patent application no 568375 were prior published and that one claim was redundant. I allowed the applicant an opportunity to propose amendments to overcome the defects.

The applicant filed a request to amend the specification within the time allowed. The Office examined the request then advertised it in the official journal dated 20 February 1992 and invited the opponent to comment on the request.

When the time allowed expired without comments or opposition the request was allowed and advertised in the official journal dated 9 July 1992.

decision

I am satisfied that the amendments overcome the defects mentioned in my earlier decision and there is no lawful ground of objection to the application. Therefore I direct that the application proceeds to sealing.

RAFIK EL‑KILANY

Delegate of the Commissioner of Patents

Patent attorneys for the applicant  :  Davies Collison Cave, Melbourne

Patent attorneys for the opponent   :  Griffith Hack & Co, Melbourne