1858
THE NEW ZEALAND GAZETTE.
[No. 50

or grounds on which the person giving such notice (herein called “the opponent”) intends to oppose the grant. Such notice shall be accompanied by an unstamped copy thereof, which shall be transmitted by the Registrar to the applicant.

Where the person giving notice of an opposition does not desire that the patent should be refused, but merely that the specification should be amended by disclaimer or limitation, the notice of opposition should be accompanied or supplemented as soon as may be by a written statement to that effect, indicating so far as can conveniently be done the general nature of the amendments desired, and the portions of the earlier specifications (if any) relied upon as necessitating such amendments.

27. (1.) Where the ground of opposition is that the applicant has obtained the invention from the opponent, or from a person of whom the opponent is the legal representative, the opposition shall be deemed to be abandoned unless evidence in support of the allegation is left at the Office within fourteen days after the expiration of two months from the date of the advertisement of the acceptance of the applicant’s complete specification.

(2.) Where the ground of the opposition is that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the complete specification, the notice of opposition should be accompanied by a written statement indicating, so far as can conveniently be done, in what respects the invention is alleged to be insufficiently or unfairly described or ascertained.

(3.) Where the ground of opposition is that the invention claimed is not new, or is for any other reason not a proper subject-matter for a patent, the notice of opposition should indicate as far as can conveniently be done the prior publication or user of the invention, or other reason why the invention is not a proper subject-matter for a patent.

(4.) Where the ground of opposition is that the invention has been claimed in any complete specification for a New Zealand patent which is or will be of prior date to the patent the grant of which is opposed, the number of such complete specifications should be given.

(5.) Where the ground of opposition is that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention forms the subject of an application made by the opponent in the interval between the leaving of the provisional specification and the leaving of the complete specification, the number of the opponent’s application should be given.

28. Except in the case provided for in the first paragraph of the last preceding regulation, statutory declarations need not be left in connection with an opposition, but the opponent may, within fourteen days after the expiration of two months from the date of the advertisement of the acceptance of the applicant’s complete specification, leave at the Office statutory declarations in support of his opposition, and on so leaving shall deliver to the applicant copies thereof.

29. Within fourteen days from the delivery of such copies the applicant may leave at the Office statutory declarations in answer, and on so leaving shall deliver to the opponent copies thereof, and within fourteen days from such delivery the opponent may leave at the Office his statutory declarations in reply, and on so leaving shall deliver to the applicant copies thereof. Such last-mentioned declarations shall be confined to matters strictly in reply.

30. If the opponent does not leave statutory declarations in support of his opposition, the applicant may (if he desires so to do), within three months from the date of the advertisement of the acceptance of his complete specification, leave at the Office statutory declarations in support of his application, and on so leaving shall deliver to the opponent copies thereof.

31. Within fourteen days from the delivery of such copies the opponent may leave at the Office statutory declarations in answer, and on so leaving shall deliver to the applicant copies thereof, and within fourteen days from such delivery the applicant may leave at the Office his statutory declarations in reply, and on so leaving shall deliver to the opponent copies thereof. Such last-mentioned declarations shall be confined to matters strictly in reply.

32. No further evidence shall be left on either side except by leave, or on the requisition, of the Registrar.

33. (1.) On completion of the evidence (if any), or at such other time as he thinks fit, the Registrar shall appoint a time for the hearing of the case, and shall give the parties three weeks’ notice at the least of such appointment. If either party does not desire to be heard, he shall as soon as possible notify the Registrar to that effect. If either party desires to be heard, he must leave at the Office a notice in the form No. 6 in the Second Schedule hereto. The Registrar may refuse to hear either party who has not given the prescribed notice prior to the date of hearing. If either party intends to refer at the hearing to any publication other than a specification mentioned in the notice of opposition, he should, unless the same has been referred to in a statutory declaration already filed, give to the other party and to the Registrar five days’ notice at the least of his intention, together with details of each publication to which he intends to refer. After hearing the party or parties desirous of being heard, or, if neither party desires to be heard, then without a hearing, the Registrar shall decide the case and notify his decision to the parties.

(2.) The hearing shall be in Wellington, except where the parties intimate to the Registrar at least fourteen days before the time appointed for the hearing that it is their desire that it shall be held elsewhere in New Zealand. On receipt of such intimation, and on payment of such sum to cover expenses as he thinks fit, the Registrar may, in his discretion, hear the case at such other place in New Zealand as the parties thereto may mutually desire.

SEALING OF PATENT AND PAYMENT OF FEE.

34. (1.) If the applicant for a patent desires to have a patent sealed on his application, he shall within the period allowed by section 14 of the said Act give notice of such desire on the form No. 7 in the Second Schedule hereto, and shall pay the prescribed sealing fee.

(2.) Where in consequence of the neglect or failure of the applicant to pay any such fee a patent cannot be sealed within the period allowed by the said section 14 as aforesaid, the applicant may apply to the Registrar on the form No. 4 in the Second Schedule hereto for an extension of that period, not exceeding three months.

(3.) The Registrar shall thereupon consider the application, and if the circumstances of the case