October 16, 1981
Mitches & Co.
Box 98
London, Ontario
N6A 4V3
Gentlemen:
Application No: 323,510
Applicant : JLG Industries, Inc.
Title: Scissors Linkage Workman's Platform
As you requested in your letter of September 1, 1981, I have reviewed
the prosecution of this application.
I do not find anything in the Patent Act specifying or indicating that
the Patent Office is located in Ottawa, as you have contended.
However, I do note that Rule 10,to which you did not refer, mentions
"the Office in Ottawa", and in Rule 2(h), "Office" is defined as meaning
the Patent Office. Rule 5 indicates that mail is to be addressed to The
Commissioner of Patents, Ottawa (though it does not state that the Office
itself is in Ottawa).
On the strength of Rule 10, there may consequently be some basis for your
contention that the Interpretation Act, Sec. 28, and Sec. 81(2) of the
Patent Act justify the Patent Office treating August 3, 1981, as a
dies non for patent responses.
I am therefore directing that the final fee received on August 4 be accepted.
Whether this interpretation is legally correct or might adversely affect
the validity of any patent granted, is a responsibility which you and
the applicant must assume.
A notice explaining our position about the August holiday will appear in
the Patent Office Record.
Yours respectfully,
J.H.A. Gari‚py
Commissioner of Patents
Commissioner Commissaire
of Patents des brevets
Ottawa- Hull Ottawa - Hull
K1A 0E1 K1A 0E1