Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Iluka Midwest Ltd v Technological Resources Pty Limited [2002] FCA 1233
PATENTS – opposition proceedings – interim decision of a Delegate of the Commissioner of Patents upholding opposition but granting leave to amend the specification to cure deficiencies in the specification – no appeal brought against the interim decision - final decision to grant the patent – whether opponent is entitled to rely on a ground of appeal that relates to a matter decided by the interim decision – whether claims fairly based on the specification
Patents Act 1990 (Cth) ss 59, 60 and 61
Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd (2001) 75 ALJR 518 - cited R v Smith (Commissioner of Patents); Ex parte Mole Engineering Pty Ltd (1981) 147 CLR 340 – applied Iluka Midwest Ltd v Technological Resources Pty Limited [2002] FCA 49 - applied Coopers Animal Health Australia Ltd v Western Stock Distributors Pty Ltd (1987) 15 FCR 382 - cited Sami S Svendsen Inc v Independent Products Canada Ltd (1968) 119 CLR 156 - cited Genetics Institute Inc v Kirin-Amgen Inc (1999) 92 FCR 106 - cited Commissioner of Patents v Microcell Ltd (1959) 102 CLR 232 - cited ILUKA MIDWEST LTD (formerly known as RGC MINERAL SANDS LIMITED) v TECHNOLOGICAL RESOURCES PTY LIMITED V 1056 OF 2001 MERKEL J 4 OCTOBER 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1056 OF 2001
BETWEEN: ILUKA MIDWEST LTD (formerly known as RGC MINERAL SANDS LIMITED)
APPLICANT
AND: TECHNOLOGICAL RESOURCES PTY LIMITED
RESPONDENT JUDGE: MERKEL J
DATE OF ORDER: 4 OCTOBER 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT the appeal of the applicant be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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