Kabushiki Kaisha Universal v. Ainsworth Nominees Pty. Limited

[1989] APO 11

In the Matter of the Patents Act 1952

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In the Matter of Application 539666 for a Patent by KABUSHIKI KAISHA UNIVERSAL

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In the Matter of Opposition thereto under Section 59 by AINSWORTH NOMINEES PTY. LIMITED.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In my decision in this matter dated 29 February 1988 I found that the opposition was successful on the ground that the specification did not comply with section 40.  However I afforded the applicant an opportunity to amend its specification to overcome this deficiency.
         A request to amend under section 77 was duly filed by the applicant and following actions under sections 79 and 80 was eventually advertised pursuant to section 81 in the Official Journal on 24 November 1988.  In the absence of opposition, this request was allowed on 6 March 1989 and the specification amended at that time in accordance with the request.  An earlier request lodged on 14 April 1987 and pending at the time of the decision was formally withdrawn on 1 June 1988.
         The opponent advised on 22 March 1989 that it did not wish to be further heard on the section 59 opposition.  I am therefore in a position to finalize the opposition.

I am satisfied that the amendments to the complete specification remove the ground of opposition which I found applicable in my earlier decision.  I direct therefore that the application and complete specification as amended proceed to sealing.

(T.R. BRUHN)

Patent attorneys for the applicant: H.R. Hodgkinson & Co., Sydney