Hoechst Aktiengesellschaft v American Home Products Corporation

[1991] APO 57

PATENTS ACT 1990

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

Re:Application No. 544756 by HOECHST AKTIENGESELLSCHAFT and an Opposition under S.59 of the Patents Act 1952 by AMERICAN HOME PRODUCTS CORPORATION

In a decision in this matter dated 4 October 1990 I found some claims of application No 544756 were prior claimed by the claims of AU patent No 536316. I also found the specification did not comply with section 40. The applicant was granted the opportunity to propose amendments to overcome these defects. A request to amend was filed by the applicant within the time allowed. Following examination action the request was advertised allowed in the Official Journal dated 26 April 1991. The opponent has advised that it does not wish to be heard further in respect of the section 59 opposition.
          I am satisfied the amendments remove the grounds for my earlier findings.  And I am satisfied there are no other lawful grounds of objection to the application and complete specification.  Therefore I direct that the application and complete specification as amended proceed to sealing.

(M. KENDALL)
  Delegate of the Commissioner of Patents

Patent attorney for the applicant: Watermark, Melbourne
Patent attorney for the opponent : Phillips Ormonde & Fitzpatrick
  Melbourne