Nelson Irrigation Corporation v James Hardie Irrigation Pty Limited
[1992] APO 67
•19 November 1992
official notice
decision of a delegate of the commissioner of patents
Application : No. 577513 in the name of NELSON IRRIGATION CORPORATION
Title : Rotary Sprinkler Head
Action: S 59 0pposition by JAMES HARDIE IRRIGATION PTY LIMITED final decision following amendments
Decision: Issued . Clarity (see previous decision dated 18 September 1991), application amended, amendments allowed and application to proceed to sealing.
patents act 1990
decision of a delegate of the commissioner of patents
Re: Patent Application No. 577513 NELSON IRRIGATION CORPORATION and Opposition by JAMES HARDIE IRRIGATION PTY LIMITED under section 59 of the Patents Act 1952
background
In his decision in this matter dated 18 June 1991 the delegate found that the specification did not satisfy section 40. The delegate afforded the applicant an opportunity to amend its specification to overcome this deficiency.
The applicant duly filed a request to amend on 19 August 1991. Following examination action, the request was advertised in the Official Journal on 21 May 1992. In the absence of opposition, this request was allowed on 8 February 1990 and the specification amended at that time in accordance with the request.
In accordance with office practice, the opponent was invited to comment or indicate whether they wished to be heard on the application as amended. They responded within the 14 days allocated that they did not wish to be heard again on the matter. I am therefore in a position to finalize the opposition.
DECISION
I am satisfied that the amendments to the complete specification remove the defect which the delegate found in his earlier decision. Therefore, I direct that the application and complete specification as amended proceed to sealing.
R.A.Melvin
Delegate of the Commissioner of Patents
Patent attorneys for the applicant: Davies and Collison Melbourne
Patent attorneys for the opponent : R.K.Maddern &
Associates Adelaide.
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