Oy Wartsila AB v Ogden Industries Pty Ltd

[1984] APO 20

In the Matter of the Patents Act 1952

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In the Matter of Application No. 498983 for Letters Patent by OY WARTSILA AB

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In the Matter of Opposition thereto by OGDEN INDUSTRIES PTY. LTD.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In an interim decision in this matter dated 24 June, 1983 I found that the claims did not meet the requirements of section 40 of the Act and that prior publication and want of novelty objections applied.  The applicant was afforded a period of 60 days from the date of that decision within which to seek leave to amend the specification.  I reserved the question of an award of costs.
         On 18 August, 1983 the applicant filed a request under section 77 seeking to amend the complete specification in order to remove the grounds of objection identified in the interim decision.  This request was advertised in the Official Journal of 1 December, 1983.  A second request to amend the complete specification under section 77 was filed on 6 February, 1984 and subsequently advertised in the Official Journal of 3 May, 1984.  Neither of the requests was opposed and the requested amendments have been allowed and incorporated into the complete specification.  I am satisfied that the amend‑
ments remove the grounds of objection identified in the interim decision.
         The opponent did not wish to be reheard in the matter and I am satisfied that there is now no lawful ground of objection to the application or

complete specification.  Accordingly I direct that the application and amended complete specification may proceed to sealing.
         As the opponent was successful in its opposition costs are awarded against the applicant.

(G.D. CARMICHAEL)