Daido Metal Co. Ltd v Gould Inc

[1986] APO 25

In the Matter of the Patents Act 1952

‑ and ‑

In the Matter of Patent Application No. 509526 in the Name of DAIDO METAL CO. LTD.

‑ and ‑

In the Matter of Opposition thereto by GOULD INC.

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:
        In an interim decision in this matter dated 7 November, 1984, Supervising Examiner Mr. P. Kilborn found that the complete specification failed to comply with section 40 and that claim 6 had been prior published.  The applicant was allowed sixty days to request amendment of the complete specification.
        On 23 January, 1985, the applicant lodged a section 77 request to amend the complete specification.  Subsequent to proceedings under section 79, the request to amend was advertised on 4 July, 1985.  The request was allowed on 24 October, 1985 and the amendments were incorporated into the complete specification.
        I am satisfied that the amendments remove the basis for the earlier finding that the complete specification did not comply with section 40 and that claim 6 was prior published.
        I am of the opinion that there is no lawful ground for objection to the application or complete specification and, therefore, I direct that the application and amended complete specification proceed to sealing, subject to any appeal.

Costs in the matter of the section 59 opposition are as determined at the time of and as set out in the interim decision.

(J.L. ROVETA)