Colin Peter Nelson v Hillmark Industries Pty Ltd

[1990] APO 5

In the Matter of the Patents Act 1952

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In the Matter of Patent Application No. 573107 in the Name of COLIN PETER NELSON

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In the Matter of Opposition thereto under Section 59 by HILLMARK INDUSTRIES PTY. LTD.

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS:
         Application No. 573107, for a patent for an invention relating to gas conversion of solid fuel barbecue kettles, was opposed on 25 August 1988.  The matter was heard in Canberra on 3 April 1990.  Mr G. Habel, patent attorney, represented the applicant, Colin Peter Nelson, who was also present at the hearing, and Mr R. Catt, patent attorney, represented the opponent, Hillmark Industries Pty. Ltd.
         At the hearing Mr Habel submitted, inter alia, that the opponent's evidence‑in‑reply, served under Regulation 57, is not strictly in reply; I reserved my decision on the admissibility of the evidence‑in‑reply and heard the opponent on that evidence.
         I now think that the evidence is not strictly in reply; the evidence includes matters which generally support the oppsotiion and which are not strictly a rebuttal of the applicant's evidence‑in‑ answer.   Thus I hereby allow the applicant three months from the date of this decision to serve evidence‑in‑answer to the evidence served as evidence‑in‑reply.

I reserve my decision on other matters relating to the opposition and a detailed elaboration of this decision on the evidence‑in‑reply will be given in a decision to be issued later.

(J.I. WELSH)

Patent attorneys for the applicant: Collison & Co., Adelaide