RHONE-POULENC Rorer Australia P/L v MICHAEL J. CROOKS
[1992] APO 64
•29 October 1992
official notice
decision of a delegate of the commissioner of patents
Application : No. 566215 in the name of RHONE-POULENC RORER AUSTRALIA PTY LTD.
Title: Clear Micellized Solution of Fat Soluble Essential Nutrients.
Action: S.59 opposition by MICHAEL J. CROOKS; Final decision following amendment action.
Decision: Issued ;Application and complete specification as amended to proceed to sealing.
patents act 1990
decision of a delegate of the commissioner of patents
Re:Patent Application No. 566215 by RHONE-POULENC RORER AUSTRALIA PTY LTD and an Opposition under s.59 of the Patents Act 1952 by MICHAEL J. CROOKS
background
In a decision dated 24 October 1989 the delegate of the commissioner found the specification of application no. 566215 did not comply with section 40. The applicant was allowed an opportunity to propose amendments in order to overcome these defects. The applicant filed a request to amend the specification within the time allowed. After examination the request was advertised allowed in the Official Journal dated 5 March 1992. The opponent did not advise that it wished to be heard before a final decision was issued.
At the date of the decision the applicants of application no. 566215 were BIOGLAN LABORATORIES (AUSTRALIA ) PTY LTD and BIOGLAN INC. The application was allowed to proceed in the name of RHONE-POULENC AUSTRALIA PTY LTD after the commissioner allowed a request for direction under s.34(4) of the Patents Act 1952. This applicant subsequently changed its name to that given above.
I am satisfied that the amendment removes the ground for the earlier finding. In my opinion there is no lawful ground of objection to the application and complete specification. Therefore I direct application no. 566215 proceed to sealing.
D Herald
Assistant Commissioner of Patents
Patent attorneys for the applicant : G.R. Cullen & Co
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