Vulcan Australia Limited v Braemar Appliances Pty Ltd

[1985] APO 25

In the Matter of the Patents Act 1952 - and - In the Matter of the Extension of Term of Petty Patent Nos. 539479 and 539480 both in the Name of VULCAN AUSTRALIA LIMITED - and - In the Matter of Notice under Section 68B(3) by BRAEMAR APPLIANCES PTY. LTD.

 

DECISION OF A SUPERVISING EXAMINER OF PATENTS:

Petty patent specifications 539479 and 539480 were both lodged on 12 July, 1984 and a petty patent was sealed on each on 6 September, 1984.

On 2 August, 1985, the patentee made applications in accordance with sub-section 68B(l) of the Act for an extension of the term of each petty patent. Notices in accordance with sub-section 68B(3) were filed in relation to each petty patent on 5 August, 1985 by BRAEMAR APPLIANCES PTY. LTD. Both the patentee and the informant were represented at a hearing in respect of the above matters on 3 September, 1985.

I am not satisfied of the existence in relation to the petty patents of any of the grounds set out in paragraphs 100(l)(b) to (g) of the Act, and accordingly I grant an extension of the term of petty patent 539479 and of petty patent 539480.

I will issue reasons for my decision in the near future.

(T.R. BRUHN)

Supervising Examiner of Patents

9 SEP 1985