Tetra Pak International AB v J. GADSDEN PTY. Ltd
[1992] APO 62
•26 October 1992
official notice
decision of a delegate of the commissioner of patents
Application : No. 530946 in the name of TETRA PAK INTERNATIONAL AB
Title: Machine for the Application of Suction Tubes to Packing Containers
Action: S 59 0pposition by J. GADSDEN PTY. LTD.; final decision following amendments
Decision: Issued . Clarity (see previous decision dated 10 November 1987), application amended, amendments allowed and application to proceed to sealing.
patents act 1990
decision of a delegate of the commissioner of patents
Re:Patent Application No. 530946 TETRA PAK INTERNATIONAL AB and Opposition by J. GADSDEN PTY. LTD. under section 59 of the Patents Act 1952
background
In his decision in this matter dated 10 November 1987, the delegate found that, while the opposition was not successful, the specification did not satisfy section 40. The delegate afforded the applicant an opportunity to amend its specification to overcome this deficiency.
The applicant duly filed a request to amend on 23 November 1987. Following examination action, the request was advertised in the Official Journal on 13 July 1989. In the absence of opposition, this request was allowed on 8 February 1990 and the specification amended at that time in accordance with the request.
In accordance with office practice, the opponent was invited to comment on the application as amended, but did not respond within the time allocated. I am therefore in a position to finalize the opposition.
DECISION
I am satisfied that the amendments to the complete specification remove the defect which the delegate found in his earlier decision. Therefore, I direct that the application and complete specification as amended proceed to sealing.
LEO J. O'KEEFFE
Delegate of the Commissioner of Patents
Patent attorneys for the applicant: Watermark Patent & Trademark Attorneys, Melbourne
Patent attorneys for the opponent : Phillips Ormonde & Fitzpatrick, Melbourne
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