Robert B. Clay v Ireco Chemicals and ICI Australia Operations Pty Ltd

[1989] APO 1

In the Matter of the Patents Act 1952 - and - In the Matter of Application 522734 for a Patent by ROBERT B. CLAY - and - In the Matter of Opposition thereto under Section 59 by IRECO CHEMICALS and ICI AUSTRALIA OPERATIONS PTY. LTD.

 

DECISION OF A SUPERVISING EXAMINER OF PATENTS:

Patent Application No. 522734 was advertised accepted in the Official Journal dated 24 June, 1982. Ireco and ICI lodged notices of opposition on 13 August and 24 September, 1982, respectively.

In due course the parties completed service of their evidence and the oppositions were heard.

I issued a single written decision in respect of both oppositions in April 1986.

In summary, I found that the complete specification did not comply with section 40 and that the claims were anticipated by US patent No. 3,161,551. However, I also found that the complete specification disclosed patentable subject matter which if claimed would, in my view, entitle the applicant to the grant of a patent.

The applicant proposed amendments accordingly, and those amendments have now been incorporated into the complete specification and allowed. Neither opponent chose to lodge opposition under section 82 to the allowance of the amendments or to be heard in relation to the amended specification on the original grounds of opposition.

Consequently, and as in my view the amended specification does not have the defects of the specification in the form in which it was accepted, I direct that application 522734 proceed to sealing.

(J L Roveta)

Supervising Examiner of Patents

25 JAN 1989