Colin Peter Nelson v Hillmark Industries Pty. Ltd

[1992] APO 20

official notice

decision of a delegate of the commissioner of patents

Application        :      No. 573107 in the name of COLIN PETER NELSON

Title             :      Improved conversion kit

Action: S. 59 opposition by HILLMARK INDUSTRIES PTY. LTD.; final decision following amendments

Decision           :      Issued            . 

Following successful opposition (see previous decision dated 25th Sept 1990) application amended, amendments allowed and application to proceed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 573107 by COLIN PETER NELSON and opposition thereto under S. 59 of the Patents Act 1952 by HILLMARK INDUSTRIES PTY. LTD.

In my decision in this matter dated 25th September 1990 I found the opposition succeeded in that the specification did not comply with sub-section 40(1)(a), that claims 1-5 did not comply with sub-section 40(2), and that claim 1 was obvious.  I gave the applicant an opportunity to propose amendments to overcome these defects.  Amendments lodged on 19th November 1990 were allowed unopposed.  The opponent maintained its opposition to the amended application but did not wish to be heard further.  The applicant responded to the opponent's written submissions and filed further amendments dated 23rd August 1991.  A copy of these amendments was sent to the applicant and no comments were received.  The amendments were advertised on 2nd January 1992 and allowed on 15th April 1992.

I am satisfied that the amendments remove the grounds for the earlier findings and I am now of the opinion that there is no lawful ground of objection to the application and complete specification.  Thus subject to no appeals I will direct that the application and complete specification as amended proceed to sealing.

J I WELSH
Delegate of the Commissioner of Patents

Patent attorneys for the applicant  :  Collison & Co, Adelaide

Patent attorneys for the opponent   :  R K Maddern & Associates, Adelaide

Collison & Co
ADELAIDE SA 5000

Re:Patent application No. 573107 in the name of COLIN PETER NELSON

AND

Opposition thereto by HILLMARK INDUSTRIES PTY. LTD.

Your Ref: 33369OPP GEH:AWT:AE

Gentlemen,

Please find enclosed a copy of the decision of the delegate of the Commissioner in the above matter.

Senior Clerk, Patents

R K Maddern & Associates
ADELAIDE SA 5000

Re:Patent application No. 573107 in the name of COLIN PETER NELSON

AND

Opposition thereto by HILLMARK INDUSTRIES PTY. LTD.

Your Ref: P1142/1608 RSC:SC

Gentlemen,

Please find enclosed a copy of the decision of the delegate of the Commissioner in the above matter.

Senior Clerk, Patents