PATENTS - Patents Act 1990 (Cth) - competency of appeal from decision of Commissioner under s 60(4) of Patents Act 1990 (Cth) - opposition proceedings - first decision of Commissioner under s 60(1) upholding opposition that some claims lacked novelty but granting applicant leave to amend the claims to cure deficiencies - applicant conceded before Commissioner that if independent claims not novel dependant claims also failed - opponent did not appeal first decision under s 60(4) - after amendments allowed under s 104(2) - opponent sought to argue new claims lacked novelty - Commissioner refused to allow opponent to argue lack of novelty as first decision was a final decision on all issues of lack of novelty - opponent appealed second decision under s 60(4) - Commissioner contended appeal incompetent as first decision finally determined all questions of lack of novelty
Held: appeal dismissed as incompetent
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