George Kent Limited v. Email Limited

[1985] APO 10

In the Matter of the Patents Act 1952 and In the matter of Application No. 515373 for a Patent in the Name of GEORGE KENT LIMITED and In the Matter of Opposition thereto by EMAIL LIMITED.

 

FINAL DECISION OF A SUPERVISING EXAMINER,OF PATENTS:

In an interim decision in this matter dated 20 August, 1984 the Acting Assistant Commissioner found that the complete specification failed to comply with the provisions of section 40 of the Act. The applicant was given sixty days to request amendment of the complete specification.

On 3 October, 1984 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 13 December, 1984. The request was allowed on 22 March, 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 specification did not comply with section 40.

I am of the opinion that there is no lawful ground of objection to the application or complete specification and, accordingly, I direct that the application and amended specification mat proceed to sealing, subject to ally 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)

Supervising Examiner of Patents

31 MAY l985