Murray Joseph Wright v Ajax Davey Pty Ltd

[1988] APO 31

In the Matter of the Patents Act 1952 - and - In the Matter of an Application under Sub-section 68B(l) for an Extension of the Term of Petty Patent 541459 in the name of MURRAY JOSEPH WRIGHT - and - In the Matter of a Notice under Sub-Section 68B(3) in the Name of AJAX DAVEY PTY. LTD.

 

DECISION OF A SUPERVISING EXAMINER OF PATENTS

In my decision in this matter dated 8 April, 1987 I concluded as follows:-

"I have found the claim offends against section 40 being unclear and not fairly based. I therefore refuse to extend the term of the grant at this stage. It does seem to me however that the deficiencies in the claim could be easily overcome by amendment: given the allowance of an amendment for that purpose, it would seem to me that an extension of the grant would then be justified. Accordingly I will allow the patentee 60 days from the date of this decision to apply for amendment of the specification".

On 2 June, 1987, the patentee lodged a section 77 request to amend its petty patent specification. Subsequent to proceedings under section 79, the request was advertised on 5 November, 1987 and allowed on 13 July, 1988, the amendments being incorporated into the specification at that time. Pursuant to the provisions of sub-section 68B(8), AJAX DAVEY was given fourteen days from 29 July, 1988 to advise whether it wished to be heard in relation to the specification as amended before the Extension of the Term matter was finally determined - no such advice was received.

I am satisfied that the amendments remove the grounds for the earlier findings. Furthermore, I am of the opinion that there is no ground amongst those specified in sub-section 68B(3) which now exists in relation to the petty patent. I therefore grant an extension of the term of petty patent 541459.

(T.R. Bruhn)

Supervising Examiner of Patents

27 SEP 1988

Patent Attorneys for the patentee: Davies & Collison, Melb. Patent Attorneys for the informant: Edwd Waters & Sons, Melb.