High Tech Auto Tools Pty Limited v Ferocem Pty Limited
[1994] APO 42
•27 July 1994
official notice
decision of a delegate of the commissioner of patents
Application : No. 621447 in the name of HIGH-TECH AUTO TOOLS PTY LIMITED
Title: An apparatus and method for cleaning electronic fuel injectors
Action: Extension of time to serve evidence in support of an opposition under Section 59 of the Patents Act 1990 by FEROCEM PTY LIMITED
Decision: Issued .
Abstract: Extension of time allowed to serve evidence in support already filed in the Patent Office.
patents act 1990
decision of a delegate of the commissioner of patents
Re:Application No. 621447 by HIGH-TECH AUTO TOOLS PTY LIMITED, Opposition by FEROCEM PTY LIMITED, and Objection to an Extension of Time to serve evidence-in-support.
Background
Patent application No. 621447 by High-Tech Auto Tools Pty Limited (High-Tech) was advertised accepted under the Patents Act 1990 on 12 March 1992. As a consequence, the opposition is proceeding under Part V of the Patents Act 1952, together with the procedures of Chapter 5 of the Patent regulations 1991. On 6 October 1992, Ferocem Pty Limited (Ferocem) requested an extension of time from 6 October 1992 to 6 December 1992 to serve evidence-in-support. High-Tech objected to the extension.
A previous decision on this matter was reviewed by the Federal Court of Australia (Ferocemv Commissionerof Patents 1994 AIPC 91-057).
Following the decision of the Court, I have reconsidered the matter and will allow an extension of time for the evidence in support filed in the Patent Office on 16 December 1992 to be served. Indications are that this evidence was presented to the applicant on 7 December 1992.
The time for serving evidence in answer will commence from the date of this decision.
R.J. Sawyer
Delegate of the Commissioner of Patents
Patent attorneys for the applicant: Davies Collison Cave, Sydney
Patent attorneys for the opponent: Spruson & Ferguson,
Sydney
0
0
0