Leader Products Proprietary Limited v. Allflex International Limited

[1988] APO 24

In the Matter of the Patents Act 1952 - and - In the Matter of Patent Application No. 540308 in the Name of LEADER PRODUCTS PROPRIETARY LIMITED - and - In the Matter of Section 59 Opposition thereto by ALLFLEX INTERNATIONAL LIMITED.

 

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:

In my decision in this matter dated 3 July, 1987 I found that the opposition failed on all the grounds listed in the notice of opposition. However, I did find that the specification did not comply with s.40. I afforded the applicant an opportunity to propose amendments to overcome the defects with respect to s.40. A request to amend was filed by the applicant within the time allowed and following examination action was advertised in the official Journal on 3 September, 1987. In the absence of any opposition being filed to that request, the request was allowed and the specification duly amended, as notified in the Official Journal on 3 March, 1988.

Following the allowance of the amendment request, the opponent advised via its patent attorneys that it did not wish to be further heard in respect of this matter.

I am satisfied that the amendments remove the grounds for the earlier findings and I am of the opinion that there is no lawful ground of objection to the application and complete specification. I direct therefore that the application and complete specification as amended proceed to sealing.

(M. KENDALL)

Supervising Examiner of Patents

29 JUL 1988