The Electricity Trust of South Australia v. Zellweger Uster Pty. Ltd.

[1987] APO 19

In the Matter of the Patents Act 1952

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In the Matter of Patent Application 531592 in the Name of THE ELECTRICITY TRUST OF SOUTH AUSTRALIA

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In the Matter of Opposition thereto under Section 59 by ZELLWEGER USTER PTY. LTD.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In my decision in this matter dated 28 August, 1986 I found that claims 1 and 7 of the complete specification did not comply with section 40.  I allowed the applicant sixty days in which to propose amendments to cause all claims to comply with section 40.
         On 26 September, 1986 the applicant lodged a section 77 request to amend the complete specification.  Subsequent to proceedings under section 79, the request was advertised on 4 December, 1986 and allowed on 7 May, 1987, the amendments being incorporated into the complete specification at that time.  The opponents were given twenty one days from 26 June, 1987 to request a hearing on the specification as amended, and did not lodge such a request within the time period.
         I am satisfied that the amendments remove the grounds for the earlier findings and thus 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.

(A.J. EVANS)