Joseph Lucas (Batteries) Limited v Dunlop Australia Limited

[1983] APO 48

In the Matter of the Patents Act 1952

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In the Matter of Application No. 491903 for Letters Patent by JOSEPH LUCAS (BATTERIES) LIMITED

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In the Matter of Opposition thereto by DUNLOP AUSTRALIA LIMITED

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In the Matter of Costs

DECISION OF A SUPERVISING EXAMINER OF PATENTS
     In an interim decision in this matter dated 7 March 1983 I found that the complete specification did not comply with the provisions of section 40 of the Act and that the invention as claimed in all claims was not novel.  The applicant was afforded a period of 60 days from the date of that decision within which to seek leave to amend the specification.  I reserved the question of an award of costs.
     In a letter dated 3 May 1983 the Attorney for the applicant requested withdrawal of the application.  The withdrawal was advertised in the Official Journal of 26 May 1983.  Thus an award of costs is the only matter left to be decided.
     Irrespective of whether the withdrawal of the application was a consequence of the interim decision, it remains that the opponent was successful in its opposition.  Consequently I award costs, up to and including the hearing, against the applicant, JOSEPH LUCAS (BATTERIES) LIMITED.

G.D. CARMICHAEL