MONIER INDUSTRIES LTD V. HUME PIPE CO. (AUSTRALIA) LTD.
The proposed amendments to the patent specification do not expand the scope of the invention as claimed but rather limit it. Thus, they are permitted under s 78 of the Patents Act, and opposition to them is not sustained. Amendments to the claims and specification are allowed and the patent is to be issued as amended.
- Parties
- Applicant: Monier Industries Limited; Opponent: Hume Pipe Company (Australia) Limited; Intervener: Commissioner of Patents
- Jurisdiction
- Australia
- Judgment Date
- 25 February 1943
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Amendment of Patent Specification, Scope of Claims, Opposition Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Monier Industries Limited
Applicant
Hume Pipe Company (Australia) Limited
Opponent
Commissioner of Patents
Intervener
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the proposed amendments to the patent specification make the invention claimed substantially larger or different under s 78 of the Patents Act
- 2 Whether the amendments should be allowed following opposition and prior court orders
Ratio Decidendi
The proposed amendments to the patent specification do not expand the scope of the invention as claimed but rather limit it. Thus, they are permitted under s 78 of the Patents Act, and opposition to them is not sustained. Amendments to the claims and specification are allowed and the patent is to be issued as amended.
Court Disposition
appeal allowed
Orders
- Amendments to the specification and claims allowed as specified.
- Patent to be issued upon the application as amended.
Full Case Text
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