Mauri Brothers & Thomson (Aust.) Pty. Limited v. Containers Limited

[1989] APO 12

In the Matter of the Patents Act 1955

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In the Matter of Patent Application No. 533257 in the Name of MAURI BROTHERS & THOMSON (AUST.) PTY. LIMITED

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In the Matter of Opposition thereto by CONTAINERS LIMITED.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In my decision in this matter dated 2 May 1988 I found that the opposition succeeded on the grounds of lack of novelty and non‑
compliance with section 40.  I gave the applicant an opportunity to propose amendments to overcome these defects, a request to amend was lodged, and following examination, was advertised in the Official Journal on 3 November 1988.  The request was not opposed and subsequently advertised as allowed on 2 March 1989.
         The opponent advised via its patent attorney that it did not wish to be further heard in the matter of the section 59 opposition.
         I am satisfied that the amendments remove the grounds for the earlier findings and I am now of the opinion that there is no lawful ground of objection to the application and complete specification.  I thus direct that the application and complete specification as amended proceed to sealing.

(J.L. ROVETA)

Patent attorneys for the applicant: Shelston Waters