Seasonmakers (Australia) Pty Limited. v North Coast Woodwool Pty Ltd

[1988] APO 5

In the Matter of the Patents Act 1952

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In the Matter of Application No. 539158 for a Patent by SEASONMAKERS (AUSTRALIA) PTY. LIMITED.

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In the Matter of Section 59 Opposition thereto by NORTH COAST WOODWOOL PTY. LTD.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In my decision in this matter dated 28 July, 1987, I found that claims 1, 2 and 11 were prior published and that claims 3 and 7 were obvious.
         On 1 July, 1987, the applicant lodged a section 77 request to amend the complete specification.  Subsequent to proceedings under section 79, the request was advertised on 6 August, 1987 and allowed on 18 November, 1987, the amendments being incorporated into the complete specification at that time.  The opponent was given twenty eight days from 29 January, 1988 to request a hearing on the specification as amended, and in a letter dated 15 February, declined to be heard.
         I am satisfied that the amendments remove the grounds for the earlier findings and I am of the opinion that there is no lawful ground of objection to the application and complete specification.  I direct therefore that the application and complete specification as amended proceed to sealing, subject to any appeal.

(J.L. ROVETA)

Patent Attorneys for the applicant : F.B. Rice & Co.