Marissa Pty Ltd v EPM Concrete Pty Limited

[1993] APO 18

official notice

decision of a delegate of the commissioner of patents

Application        :    No. 579968 in the name of MARISSA PTY   LTD.

Title             :    BEAM / FLOORING SYSTEM.

Action : S 59 opposition by EPM CONCRETE PTY   LIMITED; Final decision following   amendment action.

Decision           :    Issued            .  Application and   complete specification as amended to   proceed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 579968 by MARISSA PTY LTD and Opposition under section 59 of the Patents Act 1952 by EPM CONCRETE PTY LIMITED.

background

In a decision dated 17 December 1991 I found the specification of application no. 579968 did not comply with section 40 and some of the claims were anticipated or obvious.  I gave the applicant an opportunity to propose amendments in order to overcome these defects.

The applicant filed a request to amend the specification within the time allowed.  After examination - taking into account the opponent's comments - the request was advertised in the Official Journal dated 1 October 1992.  In the absence of opposition the request was allowed and advertised in the Official Journal dated 25 February 1993.

The opponent did not advise that it wished to be heard before the final decision.

decision

I am satisfied that the amendments remove the grounds for my earlier finding.  In my opinion there is no lawful ground of objection to the application and complete specification.  Therefore I direct that application no. 579968 proceed to sealing.

RAFIK EL-KILANY
Delegate of the Commissioner of Patents

Patent attorneys for the applicant  :  Grant Adams & Company, Brisbane.

Patent attorneys for the opponent   :  Davies Collison Cave, Sydney.