CINPRES LIMITED v BATTENFELD GmbH Summary

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

CaseChat Overview and Summary

In the matter of an opposition to a patent application, the applicant, Cinpres Limited, faced opposition from Battenfeld GmbH. The dispute centred around Patent Application No. 568375, titled "Process and Apparatus for Injection Moulding," filed by Cinpres Limited. The opposition was initiated under Section 59 of the Patents Act 1990 by Battenfeld GmbH, challenging the validity of certain claims in Cinpres Limited's patent application. The case involved the evaluation of the proposed amendments to the patent specification and determining whether they overcame the identified defects.

The primary legal issue for the court was whether the amendments to the patent application adequately addressed the prior publication and redundancy concerns raised in a previous decision. The court needed to assess if the changes proposed by Cinpres Limited effectively rectified the defects in the patent claims, thereby allowing the application to proceed to sealing. This required a detailed examination of the proposed amendments and their alignment with the legal requirements of patentability under the Patents Act.

The court, represented by Rafik El-Kilaby as a delegate of the Commissioner of Patents, concluded that the amendments made by Cinpres Limited successfully resolved the previously identified issues. The delegate was satisfied that the amended claims were no longer subject to the objections of prior publication or redundancy and that there were no other lawful grounds to oppose the application. Consequently, the decision was made to allow the amendments and direct the application to proceed to sealing.

As a result of this decision, Cinpres Limited's patent application, amended as proposed, was cleared to proceed to the sealing stage, paving the way for the formal registration of the patent. This decision marked a resolution to the opposition, allowing Cinpres Limited to secure their intellectual property rights as outlined in their amended patent application.

CINPRES LIMITED v BATTENFELD GmbH

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established