The Wellcome Foundation Limited v Peptide Technology Limited

[1993] APO 70

official notice

decision of a delegate of the commissioner of patents

Application        :    No. 564783 in the name of THE WELLCOME FOUNDATION LIMITED

Title:    Physiologically active compositions

Action: opposition by PEPTIDE TECHNOLOGY LIMITED under section 59 of the Patents Act 1952 - FINAL DECISION.

Decision:    Issued            .  Final decision, application directed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Application No. 564783 by THE WELLCOME FOUNDATION LIMITED and opposition by PEPTIDE TECHNOLOGY LIMITED under section 59 of the Patents Act 1952.

BACKGROUND

In my decision in this matter dated 12 December 1991, I found that:

.claims 1, 2 and 8 were not fairly based as they were not limited to the use of antibodies, with particular epitope specificity to pituitary hormones, to treat clinical abnormalities resulting from a deficiency of the hormone in vertebrates;

.the term "fragment" used in claims 8 and 11 was not clear;

.claims 3, 9 and 12 were not clear in their appendency to claims 1, 2, 8 and 11 respectively, because they included within their scope non-pituitary hormones;

I allowed the applicant 60 days from the date of that decision to propose amendments to the specification.

Amendments have been proposed by the applicant in response to the decision and allowed and incorporated into the specification.

The opponent did not object to the amended specification.

DECISION

I consider the applicant has overcome my objections and consequently direct the application to sealing.

Bob Sawyer
Delegate of the Commissioner of Patents

Patent Attorneys for the applicant: Griffith Hack & Co., Melbourne

Patent Attorneys for the opponent : F.B. Rice & Co., Sydney