Up-Right, Inc. v Chisholm Ryder Company Inc

In the Matter of the Patents Act 1952
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In the Matter of Application No. 502599 for Letters Patent by UP‑RIGHT, INC.
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In the Matter of Opposition thereto under Section 59 by CHISHOLM‑RYDER COMPANY INC.

FINAL DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         In a decision in this matter dated 22 December, 1982 I found that the complete specification did not comply with the provisions of section 40 of the Act and that the invention as claimed in certain claims was not novel. The applicant was afforded a period of 60 days to seek leave to amend the specification.
         On 18 February, 1983 the applicant lodged a section 77 request to amend the complete specification. Subsequent to proceedings under section 79 the request to amend was advertised on 9 August, 1984. The opponent lodged on 7 November, 1984 a Notice of Opposition under section 82 but on 17 November, 1986 notified the Patent Office of its withdrawal of both the section 82 and section 59 oppositions. Subsequently, the amendment request was allowed on 27 November, 1986 and the amendments were incorporated into the complete specification.
         I am satisfied that the amended complete specification overcomes my adverse findings as expressed in the earlier decision.
         I am of the opinion that there is no lawful ground of objection to the application or complete specification and,

accordingly, I direct that the application and amended specification may proceed to sealing, subject to any appeal.
Following the interim decision I advised both parties that costs in this matter would be determined in the final decision. Accordingly, as I found in the interim decision the opponent's opposition to the accepted application successful, I award costs up to and including the hearing on 22 March, 1982 against the applicant. Thereafter I have decided the parties bear their own costs.

(W.S. PATTERSON)

Patent Attorneys for the applicant : Griffith Hassel & Frazer

CaseChat Overview and Summary

The case of Up-Right, Inc. versus Chisholm Ryder Company Inc. involves a dispute over a patent application, specifically Application No. 502599, which Up-Right, Inc. had filed for a particular invention. Chisholm Ryder Company Inc. opposed the application under Section 59 of the Patents Act 1952, questioning the novelty and compliance of the invention with statutory provisions. The matter was heard by a Supervising Examiner of Patents, who was tasked with determining the validity of the patent application and the objections raised by the opponent.

The primary legal issues the court had to address were whether the complete specification of the patent application complied with Section 40 of the Patents Act 1952 and whether the invention claimed in certain claims was indeed novel. Additionally, the court had to consider the request for amendment made by Up-Right, Inc. under Section 77 and decide if the proposed amendments satisfactorily addressed the initial objections.

The Supervising Examiner found that the initial complete specification did not comply with Section 40 of the Act and that certain claims lacked novelty. However, following a series of proceedings, including a section 77 request to amend the specification, the applicant submitted amendments that the Examiner deemed sufficient to overcome the earlier objections. The opponent's opposition was withdrawn, and the amended specification was allowed. The court concluded that there were no lawful grounds to object to the application and the amended specification, allowing the patent application to proceed to sealing, subject to any potential appeals. Costs were awarded to the opponent up to the hearing date of 22 March 1982, with each party bearing their own costs thereafter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established