Trevor McGregor and Shirley Clarke v Anthony Smith & Associates and Tamper Seal (Australia) Pty Ltd
[1999] APO 1
•6 January 1999
OFFICIAL NOTICE
DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS
Application : No. 674624 in the name of Trevor McGregor & Shirley Clarke
Title: Improved Cap Seal
Action: Final decision on oppositions under s.59 by Anthony Smith & Associates Pty Ltd and Tamper Seal (Australia) Pty Ltd.
Decision: Issued .
Abstract
The applicant did not propose any amendments to overcome the grounds of invalidity identified in the earlier decision on the s.59 oppositions.
Application refused.
PATENTS ACT 1990
DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS
Re:Patent Application No. 674624 by Trevor McGregor and Shirley Clarke and oppositions under s.59 by Anthony Smith & Associates Pty Ltd and Tamper Seal (Australia) Pty Ltd
BACKGROUND
In my decision of 5 August 1998, I found that patent application 674624 was invalid because the claims did not comply with s.40 and were lacking in novelty. I allowed the patent applicant a period of 60 days from the date of that decision to propose amendments to remove the grounds of invalidity.
This period has passed and no amendments have been proposed.
Before making any final decision on the matter, I gave all parties an opportunity to be heard. The applicant indicated that it did not wish to be heard.
DECISION
I refuse patent application no. 674624
R Hallett
Delegate of the Commissioner of Patents
Patent attorneys for the applicant : Carter Smith & Beadle
Patent attorneys for the opponents : Phillips Ormonde & Fitzpatrick
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