Whitco Pty Ltd v Austral Lock Industries Pty Ltd

[1994] APO 70

official notice

decision of a delegate of the commissioner of patents

Application        :  No. 604092 in the name of WHITCO PTY LTD

Title:  Lock

Action:  Opposition by AUSTRAL LOCK INDUSTRIES PTY  LTD under Sec 59. Decision following amendment of the specification.

Decision:  Issued            .

Abstract:  Amendments found to have overcome all grounds of objection.  Application directed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 604092 by WHITCO PTY LTD and opposition by AUSTRAL LOCK INDUSTRIES PTY LTD under Section 59 of the Patents Act 1952.

background

In my decision in this matter dated 23 December 1993 I found that the opposition was successful on the ground that the specification of application 604092 did not comply with sec 40 of the 1952 Act.  However I gave the applicant an opportunity to propose amendments in order to overcome this deficiency.

The applicant filed a request to amend the specification within the time given.  The request was advertised on 26 May 1994, and the amendments subsequently allowed.  In accordance with office practice, the opponent was invited to be heard in relation to the amended specification, but did not respond to the invitation.  I am consequently now in a position to finalise the opposition.

decision

I am satisfied that the amendments remove the ground of opposition which I found to apply in my earlier decision.  In my opinion there is no lawful ground of objection to the application and specification as amended.  I therefore direct that application 604092 proceed to sealing.

O.L.Haggar
Delegate of the Commissioner of Patents

Patent attorneys for the applicant  :  Cullen & Co,

Brisbane

Patent attorneys for the opponent   :  Griffith Hack & Co,

Melbourne