Ronald Mervyn Turner v ALFARM Industries Pty Ltd

[1987] APO 5

In the Matter of the Patents Act 1952

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In the Matter of Patent Application No. 536360 in the Name of RONALD MERVYN TURNER

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In the Matter of Opposition thereto under Section 59 by  ALFARM INDUSTRIES PTY. LTD.

DECISION OF A SUPERVISING EXAMINER OF PATENTS

The acceptance of this application was advertised on 3 May 1984 and Alfarm Industries Pty. Ltd. lodged a Notice of Opposition on 1 August 1984.  Service of evidence‑in‑support was completed on 1 November 1985.  On 29 August 1986, the applicant lodged a request to withdraw the application and the withdrawal thereof was subsequently advertised in the Official Journal on 23 October 1986.
         In a letter lodged 5 December 1986, the opponent requested that in view of the withdrawal of the application, the Commissioner should award costs against the applicant.  The applicant was advised of the opponent's request in  a letter dated 14 January 1987 and was allowed 21 days within which to inform the Commissioner if he wished to be heard on this matter.  However, the applicant chose not to respond within the 21 days.
         I have inspected the evidence‑in‑support and found it to be, prima facie, substantial and relevant.

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.        Therefore, in my opinion, the opponent has properly and seriously mounted the oppostion and is entitled to costs up to the date of withdrawal of the application. I so decide.

(J. Roveta)
Supervising Examiner of Patents

Attorneys for Applicant: Phillips, Ormonde and Fitzpatrick, Melbourne