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