Drill hole orientation apparatus

[2018] APO 70

Reflex Instruments Asia Pacific Pty Ltd v Minnovare Pty Ltd

An opposition to a certified innovation patent was heard before the Patent Office.  The case shows that in order provide an innovative step the contribution made by the invention must be a contribution to the working of the invention.  A superficial contribution peripheral to the working of an invention is not sufficient.

The use of a handheld remote display, as opposed to a fixed remote display, was seen not to constitute a substantial contribution to the working of the invention.  The use of a remote display to show particular information, as opposed to no remote display, was seen to constitute a substantial contribution to the working of the invention.

The Applicant was provided with the opportunity to amend the claims defining the invention. 

After the decision issued, the claims were amended to recite that the mounting means enabled the orientation device to be mounted to an external to the surface of a drill rod of the drilling machine.  A further opposition was not filed.

 

(Numbering and indentation issues may be present below)

Summary of Findings