W.L. Gore & Associates, Inc. v David Goldfarb

[1987] APO 34

In the Matter of the Patents Act 1952

‑ and ‑

In the Matter of Application No. 493280 for a Patent by W.L. GORE & ASSOCIATES, INC.

‑ and ‑

In the Matter of Opposition thereto under Section 59 by DAVID GOLDFARB.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:

In my decision in this matter dated 4 March 1986 I found that claims 1 and 2 of the complete specification did not comply with section 40, and I allowed the applicant sixty days in which to propose amendments to remove this ground of opposition.
         On 5 May 1986 the applicant lodged a section 77 request to amend the complete specification.  Subsequent to proceedings under section 79, the request was advertised on 4 June 1987 and allowed on 22 September 1987, the amendments being incorporated into the complete specification at that time.  The opponents were given twenty one days from 24 September 1987 to request a hearing on the specification as amended, and on 13 October declined to be heard.

I am satisfied that the amendments remove the grounds for the earlier findings and thus I am of the opinion that there is no lawful ground of objection to the application and complete specification.  I direct therefore that the application and complete specification as amended proceed to sealing, subject to any appeal.

(J.L. ROVETA)
  Supervising Examiner of Patents