Robertshaw Controls Company v Actrol Industries Limited

[1991] APO 46

PATENTS ACT 1990

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

Re: Patent Application No 516290 in the name of ROBERTSHAW CONTROLS COMPANY and Opposition thereto by ACTROL INDUSTRIES LIMITED.

Background

The history of this action is as follows:

. The Office advertised the acceptance of application no. 516290 on 28 May 1981;

. Actrol Industries Pty Ltd lodged notice of opposition under s.59 on 27 August 1981. The opposition was heard, and a decision issued by a delegate of the Commissioner on 4 November 1983 which allowed the applicant 60 days in which to propose amendments to remove grounds of objection under s.40 and s.48.

. Robertshaw filed a request under s.77 of the Act, on 7 December 1983.

. The Office advertised that request on 27 September 1984.

. Actrol filed notice of opposition to that request, on 20 December 1984. This opposition was heard and a decision issued on 25 March 1986 refusing the s.77 in its entirety, but allowing Robertshaw 30 days to seek leave to amend the complete specification.

. Robertshaw lodged a second s.77 request on 17 April 1986.

. The Office advertised this second request on 19 June 1986.

. G.S.A. Industries Limited filed notice of opposition under s.82 on 17 September 1986.

. This second s.82 opposition was heard in Canberra on 26 June 1990 and a decision by a delegate of the Commissioner, finding that the proposed amendments were allowable, was issued on 4 December 1990.

. The Commissioner was served, on 1 February 1991, with a copy of a notice of appeal filed by G.S.A. Industries Limited in the Federal Court on 21 December 1990.

. The Commissioner was notified of the withdrawal of the appeal to the Federal Court on 10 April 1991;

. The parties were advised on 23 May 1991 that opposition proceedings would re-commence and advice sought as to whether they wished to be further heard before a final decision was issued;

. Advice was received from the applicant that they did not wish to be further heard. No advice was received from the opponents.

I am therefore in a position to finalize the opposition.

Decision

I am satisfied that the amendments to the complete specification, which were advertised on 19 June 1986, remove the grounds of opposition found in the decision of 4 November 1983. Since there are no outstanding matters, I direct that the application and complete specification, as amended by those amendments, proceed to sealing.

(D. HERALD)

Assistant Commissioner of Patents

Attorneys for the Applicant: Callinan Lawrie
Attorneys for the Opponent : Phillips Ormonde & Fitzpatrick

OFFICIAL NOTICE

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

Application       :   No. 516290 in the name of ROBERTSHAW CONTROLS COMPANY

Title:   Non-Clogging Temperature and Pressure Relief Valve

Action:   Final decision

Decision          :   Issued             . Direction to proceed to sealing

CALLINAN LAWRIE
KEW    VIC   3101

RE:  Patent application No 516290 in the name of
            ROBERTSHAW CONTROLS COMPANY

and

Opposition thereto by ACTROL INDUSTRIES PTY LTD

Your ref: 481/1105/CM/YR

Gentlemen,

Please find attached a copy of the Decision of a Delegate of the Commissioner in the above matter.

Senior Clerk, Patents.

PHILLIPS ORMONDE & FITZPATRICK
MELBOURNE   VIC   3000

RE:  Patent application No 516290 in the name of
            ROBERTSHAW CONTROLS COMPANY

and

Opposition thereto by ACTROL INDUSTRIES PTY LTD

Your ref: -

Gentlemen,

Please find attached a copy of the Decision of a Delegate of the Commissioner in the above matter.

Senior Clerk, Patents.