COMMISSIONER'S DECISION
CLAIM REDUNDANCY-Rule 43: Product Uses of New Composition.
Claims for a new process and for the compositions produced by the
process allowed. Claims for the articles composed of the new
composition having alleged advantages over such articles previously
made of known materials, refused on the grounds inter alia of
redundancy (R. 43), ambiguity (S. 36), division (S. 38), and for
being "exhausted" combinations; traversing applicants argument that
such claims are necessary for adequate protection under R. 43,
unvitiated by invalidation of the composition claims pursuant to
proceedings permitted by S. 46, should the 'prima facie' novelty
of the composition but not its presently disclosed utility be
found to lack novelty.
FINAL ACTION: Affirmed.
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The Review by the Commissioner dated February 18, 1975 of the Final
Action on patent application 131655 (class 402, subclass 318),
filed January 4, 1972 for an invention entitled: "Hydrophilic
Polymers, Articles and Methods of Making Same".
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This decision has not been reproduced as the Final Action and issues
involved are substantially the same as the Commissioner's Decision
number 228 on January 27, 1975 relating to the application 131656.
Agent for Applicant
Smart & Biggar,
Ottawa, Ontario.