Patents

Decision Information

Decision Content

July 11, 1979

 

Sin & McBurney

330 University Ave., Suite 701,

Toronto, Ont.

M5G 1R7

 

Dear Mr.McBurney:

 

            Re:   Patent Application 236591

                  Ford Motor Company

                  Water-Based Paint With

                  Corrosion Inhibitor I

 

Thank you for your letter of June 4, 1979. From the explanation pro-

vided, it is evident that the Canadian applicant was not aware at the

time that the statement made in his letter of August 18, 1978, about

there being no corresponding foreign patent was in error.

 

I note from Mr. Ross's letter of May 10, 1979, that steps are being

taken to avoid repetitions.  In the present case it seems no harm

has resulted from the mistake.  However it could well be that in

other instances the Office might well be misled and its work more

seriously affected.  I would consequently trust that greater care

will be exercised in future.

 

You have questioned why the Canadian examiner applied Rule 39(2)

when he "apparently was aware of the grant of the British patent on

May 10,1978..."  In fact he was not aware of the British patent

when Rule 39 was applied. It was only recently that he discovered

it. You are consequently in error in assuming the Office requested

information already available to it.

 

I am returning the application to the Examiner to resume normal

prosecution.

 

Yours respectfully,

 

J.H.A. Gariepy

Commissioner of Patents

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.