29 Apr 2009
STALLION PLASTICS LIMITED V MCINNES HC WN CIV-2008-485-002250
- Citation
- openlaw-f2181c79_55a2_4f1a_b5f9_9bb8e3230b6b.pdf
- Court
- High Court
The Assistant Commissioner erred in striking out references to common general knowledge from the opponent's statement of case; such references are proper pleading to identify the starting point for obviousness and must be disclosed. Further, once the opposed application was advertised the antecedent documents (parent and grandparent applications and related forms/specifications) are relevant and must be disclosed despite s 91; IPONZ's restriction does not preclude disclosure of those documents in the circumstances. Appeal allowed in respect of both issues and specified documents ordered produ…