PPG Industries Inc. v Stauffer Chemical Company Summary

In the Matter of the Patents Act 1952

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In the Matter of Application No. 522675 for a

Patent by PPG INDUSTRIES INC.

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In the Matter of Section 59 Opposition

thereto by STAUFFER CHEMICAL COMPANY.

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In a decision in this matter dated 18 September, 1985 I found that the complete specification failed to comply with section 40. I allowed the applicant sixty days in which to request amendment of the complete specification.
         On 20 November, 1985 the applicant lodged a section 77 request to amend the complete specification.   Subsequent to proceedings under section 79 the request to amend was advertised on 8 January, 1986. The request was allowed on 8 May, 1986 and the amendments were incorporated into the complete specification.
         I am satisfied that the amendments remove the basis for my earlier findings against the specification as mentioned above.
         I am of the opinion that there is no lawful ground of objection to the application or complete specification proceeding to sealing, subject to any appeal.

M. Kendall

CaseChat Overview and Summary

In the matter of an application for a patent lodged by PPG Industries Inc. and opposed by Stauffer Chemical Company, the Supervising Examiner of Patents was required to determine whether the application and its complete specification complied with the relevant statutory requirements. The dispute centred on the validity of the complete specification of the patent application, specifically whether it met the criteria under section 40 of the Patents Act 1990 (Cth). The court had to decide whether the amendments made to the complete specification addressed the deficiencies identified in the earlier decision.

The primary legal issue for the court was whether the amendments to the complete specification were sufficient to overcome the deficiencies previously identified in the initial decision. The court also had to consider whether the application and the amended complete specification were now in compliance with the statutory requirements under the Patents Act 1990 (Cth), thus allowing the application to proceed to sealing. Furthermore, the court needed to ascertain whether there were any other lawful grounds to object to the application or the complete specification.

Upon reviewing the amendments made to the complete specification, the Supervising Examiner concluded that the changes effectively addressed the earlier deficiencies. The court found that the amended complete specification met the requirements under section 40 of the Patents Act 1990 (Cth). Consequently, the court determined that there were no lawful grounds to object to the application or the complete specification proceeding to sealing, subject to any appeal that may be lodged. The Supervising Examiner allowed the application to proceed, subject to the possibility of an appeal.

The final orders of the court were that the application and the amended complete specification were in compliance with the statutory requirements, and the application could proceed to sealing, subject to any appeal. The court allowed the application sixty days to request amendment of the complete specification, which was subsequently granted, and the amendments were incorporated into the complete specification.

PPG Industries Inc. v Stauffer Chemical Company

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established