Philips Industries Holdings Limited v Newtronics Pty Limited

[1987] APO 22

In the Matter of the Patents Act 1952

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In the Matter of Patent Application No. 552083 in the Name of PHILIPS INDUSTRIES HOLDINGS LIMITED

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In the Matter of Opposition thereto under Section 59 by NEWTRONICS PTY. LIMITED.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
Background
         Application No. 75688/81 was lodged on 25 September, 1981 by PHILIPS INDUSTRIES HOLDINGS LIMITED.  The application was advertised as accepted on 22 May, 1986 and given the serial No. 552083.  A notice of opposition under ss.59(1) was lodged on 24 November, 1986 by NEWTRONICS PTY. LIMITED following the grant of a three month extension of time in which to lodge such a notice.  The grounds of opposition were those specified in paragraphs (e) to (i) of ss.59(1).
         Regulation 55 allows an opponent to serve on the applicant evidence which is relied on to support the opposition, and requires copies of such evidence to be lodged at the Patent Office.  In this case however no such actions were taken by the opponent, and the time in which to serve evidence expired on 24 February, 1987.  The matter came to a hearing, pursuant to reg. 61(4) in Canberra on 31 August, 1987, at which Philips were represented by Mr. P. Dawson.

Decision
         The opponent has not lodged any evidence in support and I conclude therefore that the applicant has no case to answer, the opposition fails and the application should proceed to sealing.
         I award costs against the opponent.

(J.I. WELSH)