James Hardie and Coy. Pty. Limited v. Hardboards Australia Limited

[1986] APO 11

In the Matter of the Patents Act 1952

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In the Matter of Application No. 515151 for a Patent by JAMES HARDIE AND COY. PTY. LIMITED

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In the Matter of Section 59 Opposition thereto by HARDBOARDS AUSTRALIA LIMITED.

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In an interim decision in this matter dated 7 December, 1984 I found that the complete specification did not comply with the provisions of section 40 of the Act.  The applicant was afforded a period of 60 days from the date of that decision within which to seek leave to amend the specification.
         On 21 December, 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 6 June, 1985.  The opponent lodged on 4 September, 1985 a Notice of Opposition under section 82 but later withdrew the Notice.  Subsequently, the request was allowed on 19 December, 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 may 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)