February 15, 1982
Smart & Biggar
P.O. Box 2999, Station D
Ottawa, Canada
K1P 5Y6
Dear Sir:
Re: Schlumberger Canada Ltd.
Canadian Application 171,971
Your letter of February 2, 1982 has been received.
The application was rejected in the Final Action as being directed to
non-statutory subject matter under Section 2 of the Patent Act. A
written argument and a request for a review was made in response to
the Final Action. Since that time the Schlumberger v Commissioner of
Patents decision of the Federal Court of Appeal, June 15, 1981, Court
No. A-425-78, has confirmed the rejection of similar subject matter.
The Supreme Court of Canada also sustained the rejection on Oct. 20,
1981 by refusing leave to appeal. In your latest letter you state
that the Applicant has decided to abandon this application. There is
consequently no need for me to consider the refusal further. I affirm
the action of the Examiner and reject the application.
Yours very truly,
J.H.A. Gariepy
Commisssioner of Patents
Canada
Commissioner Commissaire
of Patents des brevets
Ottawa - Hull Ottawa - Hull
K1A 0E1 K1A 0E1