Mitsubishi Seiko Kabushiki Kaisha v. Eisen Und Drahtwerk Erlau Aktiengesellschaft

[1983] APO 3

In the Matter of the Patents Act 1952

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In the Matter of Application No. 504094 for Letters Patent by MITSUBISHI SEIKO KABUSHIKI KAISHA

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In the Matter of Opposition thereto by EISEN‑UND DRAHTWERK ERLAU AKTIENGESELLSCHAFT.

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:
        In an interim decision in this matter dated 7 August, 1982 I found that the complete specification failed to comply with the provisions of section 40 of the Act and that the invention as claimed in claim 1 was not novel.  The Applicant was given sixty days to request amendment of the complete specific‑
ation.
        On 6 October, 1982 the Applicant lodged a section 77 request to amend the complete specification.   Subsequent to proceedings under sections 79 and 80 the request to amend was advertised on 26 June, 1982.   A notice of opposition to the request to amend was lodged on 23 September, 1982 but was subsequently withdrawn.   Following withdrawal of the section 82 opposition the request was allowed and the amendments were incorporated into the complete specification.
        I am satisfied that the amendents remove the basis for my earlier finding that the specification did not comply with section 40 and that the invention as claimed in claim 1 was not novel.

I am of the opinion that there is no lawful ground of objection to the application or complete specification and, accordingly, I direct that the application and amended specification may proceed to sealing, subject to any appeal.
        Costs in the matter of the section 59 opposition are as determined at the time of and as set out in my interim decision.

(W.S. PATTERSON)