Olympic Amusements Pty Ltd v Aristocrat Leisure Industries P/L

[1994] APO 74

official notice

decision of a delegate of the commissioner of patents

Application        :   No. 632454 in the name of OLYMPIC AMUSEMENTS PTY LTD

Title:   IMPROVEMENTS IN VIDEO GAMING MACHINES

Action: Application under S.69 of the Patents Act 1990 for extension of term of a petty patent. Notice under S.28 by ARISTOCRAT LEISURE INDUSTRIES PTY LTD.  Final decision.

Decision:   Issued            .

Abstract:   Patent invalid.  Opportunity to amend, no amendments proposed.  Extension of term refused.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Petty patent No. 632454 in the name of OLYMPIC AMUSEMENTS PTY LTD and section 28 Notice by ARISTOCRAT LEISURE INDUSTRIES PTY LTD.

background

In my decision dated 25 August 1994 I found that, in view of a section 28 information notified by ARISTOCRAT LEISURE INDUSTRIES PTY LTD, petty patent No 632454 in the name of OLYMPIC AMUSEMENTS PTY LTD was invalid by reason of claim 1 lacking novelty and claims 2 and 3 being obvious.  I allowed the patentee 60 days in which to propose amendments to the specification directed toward removing the grounds of invalidity, else I would refuse to grant the extension of term.

This period has passed and no amendments have been proposed.

The informant has advised that it wished to be heard in the event of any further hearing in the matter, but as the patentee has advised that it does not wish to be further heard, a final decision can be made.

DECISION

I refuse to grant the extension of term sought.

RG Tolhurst
Delegate of the Commissioner of Patents

Patent attorneys for the patentee    :  Griffith Hack & Co, Melbourne

Patent attorneys for the informant   :  FB Rice & Co, Sydney