Liquid Retaining Structures (Aust) Pty Ltd v DELTA CORPORATION Ltd

[1993] APO 54

official notice

decision of a delegate of the commissioner of patents

Application        :    No. 565757 in the name of LIQUID RETAINING STRUCTURES (AUST.) PTY. LTD.

Title:    STRUCTURAL MEMBERS

Action            :    Opposition by DELTA CORPORATION LTD.    
  Final Decision.

Decision:    Issued            .  Application directed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 565757 by LIQUID RETAINING STRUCTURES

(AUST.) PTY. LTD. and Opposition thereto by DELTA CORPORATION LTD.

background

The opposition in this matter was heard in Canberra on 14 June 1991, and I issued my decision on 30 December 1991.  In that decision, I said:

"I find that the specification of Application No. 565757 as
     accepted does not meet the requirements of section 40 of the
Patents Act 1952 and that claims 1 to 3 and 6, 7 & 9 are not
     novel."

and I gave the applicant 60 days to ask for leave to amend the
specification to overcome the defects.

On the 27 February 1992 and 14 April 1992 respectively, the applicant filed proposed amendments under section 104 of the Patents Act 1990 and, pursuant to regulation 10.2(6) of the Act the opponent was invited to comment on the proposed amendments. The amendments were advertised on 1 October 1992 and allowed on 16 February 1993 with the allowance being advertised on 11 March 1993. Following the allowance of the amendments the opponent was offered a further opportunity to be heard on the application prior to the final determination. The offer was declined and no further submissions on the matter were filed by the opponent.

DECISION

I am satisfied that the amendments made overcome the defects identified in my earlier decision.  Consequently, I am of the opinion that there is no reason why the application should not proceed to sealing.

CONCLUSION

I direct the application proceed to sealing.

J.M.Sellars
Delegate of the Commissioner of Patents

Patent Attorneys for the applicant: Fisher & Kelly, Milton, QLD.
Patent Attorneys for the opponent : Wray & Associates, Perth, WA.