Steinhaus Gmbh v. Screenex Wire Weaving Manufacturers (Proprietary) Limited Summary

In the Matter of the Patents Act 1952
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In the Matter of Application No. 517319 for a Patent by STEINHAUS GMBH
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In the Matter of Opposition thereto under Section 59 by SCREENEX WIRE WEAVING MANUFACTURERS (PROPRIETARY) LIMITED.

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In a decision in this matter dated 11 April, 1985 I found that the complete specification failed to comply with section 40. I allowed the applicant sixty days in which to request amendment of the complete specification.
         On 4 June, 1985 the applicant lodged a section 77 request to amend the complete specification. Subsequent to proceedings under section 79 the request to amend was advertised on 7 November, 1985. The request was allowed on 14 February, 1986 and the amendments were incorporated into the complete specification.
         I am satisfied that the amendments remove the basis for my earlier findings against the specification as mentioned above.
         I am of the opinion that there is no lawful ground of objection to the application or complete specification and, accordingly, I direct that the application and amended complete specification proceed to sealing, subject to any appeal.

(T.R. BRUHN)

CaseChat Overview and Summary

Steinhaus Gmbh filed an application for a patent under the Patents Act 1952, which was subsequently opposed by Screenex Wire Weaving Manufacturers (Proprietary) Limited. The opposition was based on the contention that the complete specification of Steinhaus Gmbh did not comply with the statutory requirements. The matter was brought before the court, which was tasked with determining whether the application and the complete specification complied with the relevant provisions of the Patents Act 1952.

The primary legal issue before the court was whether the complete specification, as initially filed, complied with the requirements of section 40 of the Patents Act 1952. The court was also required to decide if the amendments proposed by Steinhaus Gmbh sufficiently addressed the deficiencies identified in the initial decision, and whether there were any lawful grounds for further objection to the application and the amended specification.

The court found that the initial complete specification did not comply with section 40, leading to an initial decision on 11 April 1985. Following a request by Steinhaus Gmbh to amend the complete specification, the court allowed the amendments after considering the relevant proceedings under section 79 of the Patents Act 1952. The amendments were incorporated into the complete specification on 14 February 1986. The court was satisfied that the amendments resolved the deficiencies previously identified. Consequently, the court concluded that there were no lawful grounds of objection to the application or the amended complete specification. The court directed that the application and amended complete specification proceed to sealing, subject to any appeal.

The final orders of the court were that the application and the amended complete specification of Steinhaus Gmbh proceed to sealing, with the decision open to appeal.

Steinhaus Gmbh v. Screenex Wire Weaving Manufacturers (Proprietary) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established