High Court of Australia
High Court of Australia Menzies J. Ciba Ltd v Commissioner of Patents [1960] HCA 36
ORDER Appeal dismissed with costs. Order that the time for acceptance of the appellant's application and complete specification No. 27373 of 1957 be extended until the 1st December 1960.
Cur. adv. vult.
Menzies J delivered the following written judgment:—
June 28 Menzies J
On 29th April 1957 Ciba Limited applied for a patent for an invention entitled "Method of making inscriptions on the surfaces of transparent structures", and lodged a complete specification. This specification was twice amended, and as it stood on 20th February 1959 it was for an invention entitled "Self-inscribed transparent containers" and it embodied two claims, as follows:
1. A container for pharmaceutical and cosmetic products, at least one part of which is composed of a clear colorless transparent mouldable synthetic resin material bearing an inscription on said transparent part, the areas representing elements of said inscription being sunken and formed as surfaces broken up by a multitude of small projections located on the interior surface of the container part said broken-up surfaces being free of any coloring matter or pigment. (April 27, 1956).
2. A container substantially as hereinbefore described with reference to the accompanying drawings. (April 27, 1956).
The final amendments were made on 28th January 1959 pursuant to a direction to amend given by the Acting Deputy Commissioner of Patents on 15th January 1959 pursuant to s. 49 (2) of thePatents Act 1952-1955. After making these amendments, the appellant sought another decision under the sub-section, and on 20th February 1959 the Acting Deputy Commissioner by telegram directed the application "be amended to satisfaction of Commissioner before 4 p.m. Monday, 23rd February 1959". This direction has been treated as a direction to amend further the amended complete specification as it then stood, and it is from this direction that an appeal has been brought under s. 49 (4) of the Act.
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