Federal Court of Australia
- JUDGMENT No..4320. S85
CATCHWORDS
Patents — Revocation - Petition "by any other person" - Petition after expiration of term - Costs of applicant. re
Patents Act 1952 — ss. 99, 100(1)(e), (g) ri
IN THE MATTER of the Patents Act 1952 (as amended) Section 99 and IN THE MATTER of a Petition by ENVIROTECH AUSTRALIA PTY. LTD. for revocation of Australian Letters Patent No. 438,566 in the name of ENVIRO-CLEAR COMPANY INC.
No. VG245 of 1987
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Jenkinson J. Melbourne 12 August, 1988
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IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY
) No. VG245 of 1987
GENERAL DIVISION )
CORAM:
PLACE:
DATE:
IN THE MATTER of the Patents Act 1952 (as amended) Section 99
- and -
IN THE MATTER of a Petition by ENVIROTECH AUSTRALIA PTY. LTD. for revocation of Australian Letters Patent No. 438,566 in the name of ENVIRO-CLEAR COMPANY INC.
MINUTES OF ORDER
Jenkinson J. Melbourne
12 August, 1988
THE COURT ORDERS THAT:
1.
(NOTE:
Patent numbered 438566 in the Register of Patents be revoked.
The applicant serve on the Commissioner of Patents an office copy of this order.
The respondent Enviro-Clear Company Inc. pay to the applicant the applicant's costs (including reserved costs) of the petition.
Settlement and entry of orders is dealt with in 0.36 of the Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. VG245 of 1987 GENERAL DIVISION )
IN THE MATTER of the Patents Act 1952 (as amended) Section 99
~- and -
IN THE MATTER of a Petition by ENVIROTECH AUSTRALIA PTY. LTD. for revocation of Australian Letters Patent No. 438,566 in the name of ENVIRO-CLEAR COMPANY INC.
CORAM: Jenkinson J. PLACE: Melbourne DATE: 12 August, 1988
REASONS FOR JUDGMENT
Petition for revocation of a patent.
Australian patent numbered 438,566 was granted to American Sugar Company on a Convention application for a term reckoned from 14 November 1969 which expired on 14 November 1985. The priority date of each claim of the complete specification was 26 November 1968. The title of the invention was "Method and apparatus for separating liquids from solids". The invention is concerned with finely divided solids in suspension in a liquid. On 30 June 1983 the patentee assigned its whole interest in the
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