The Secretary of State for Detence in Her Britannic Majesty's Government of the United Kingdom of Great Britain and Northern Ireland v. Rheinmetall Gmbh

[1988] APO 43

In the Matter of the Patents Act 1952 and In the Matter of Patent Application No. 530072 by THE SECRETARY OF STATE FOR DETENCE IN HER BRITANNIC MAJESTY'S GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND and - In the Matter of Opposition thereto under Section 59 by RHEINMETALL GMBH.

 

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:

In my decision in this matter dated 20 October, 1986, I found that the application failed to comply with section 40, that claim 1 (at least) did not define a manner of new manufacture, and that all claims were obvious.

Subsequently, amendments which had been proposed by the applicant under section 77 were allowed and incorporated into the specification on 27 March, 1987.

In a further decision dated 29 March, 1988, I found that the amended specification did not comply with the requirements of my original decision. I directed the applicant to propose further amendments within a period of 30 days.

On 15 April, 1988, the applicant lodged a further section 77 request to amend the complete specification. Subsequent to proceedings under section 79, the request was advertised on 14 July, 1988 and allowed on 14 November, 1988, the amendments being incorporated into the complete specification at that time.

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.

(J L Roveta)Supervising Examiner of Patents

25 NOV 1988

Patent Attorneys for the Applicant: Griffith Hack & Co., Sydney