Up-Right, Inc. v Chisholm Ryder Company Inc
[1986] APO 45
•18 December 1986
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
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