Patents

Decision Information

Decision Content

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

 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.