Danby Pty Ltd v Patents, the Commissioner of, & Anor [1988] FCA 160

YUDGMENT No. (OO [GB

CATCHWOR ODS

PATENTS -— time for lodging notice of opposition

to grant

extension of time - two powers of extension if Act — whether

both apply - sphere of operation of each power.

Patents Act 1952, ss.59, 141, lov

Danby Pty Ltu Vv. The Commissioner of Patents & Anor Q@lu GTS6S of 1957

PINCUS J. URISBANE T MAKCH 195d

"

IN THE FEDERAL COURT OF AUSTRALIA >

QUEENSLAND DISTRICT REGISTRY

ow]

QLD G188 of 1987

GENERAL DIVISION )

BETWEEN: DANBY PTY LTD

Applicant AND: THE COMMISSIONER OF PATENTS

First Respondent AND: RIB-LOC GROUP LIMITED

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF URDEK: 1 MARCH 196080 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the application be dismissed,

2. tne applicant pay to the secona respongent its costs of the proceeainygs to be taxed.

NOTL: Settlement and entry of oruers 1s dealt with in Oraer 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G188 of 1987 GENERAL DIVISION )

BETWEEN: DANBY PTY LTD Applicant

AND: THE COMMISSIONER OF PATENTS

First Respondent

AND: RIB-LOC GROUP LIMITED

Second Respondent

PINCUS J. 1 HARCH 1906

REASUNS FOR JUDGIIENT

This an application under the Administrative becis ions (Judicial Review) Act 1977 to review a decision of a Supervising Examiner of Patents allowing the second responaent an extension of time to Louye notice of opposition to tne grant of a patent. I shall use the designations the parties have in this Court, in

particular, the applicant before me will ve so callea, although it

was not the party applying to the Examiner.

The decision was made under s.160(2) of the Patents Act

1952, which reads as follows:

"where, by reason of -

(a) an error or omission on the part of the person concerned or of his agent or attorney; or

"

(b>) circumstances beyond the control of the person concerned,