7. Examination

Date Published

Where the examiner believes that a ground for rejection exists, the ground should be expressed in a manner that is specific and well documented if possible. Examiners may also ‘rely on their general knowledge, their powers of deduction and detection and their understanding of current market developments’ as expressed by the Registrar's delegate in Re Nations Bank Corp's Appn (1998) 45 IPR 345 at 351 (‘World Card’).

In such instances, documented material may not be available to support the ground for rejection and this will make it more difficult to sustain further on in the examination process.  Examiners should therefore be very careful before basing conclusions on unsupported assertions that are not matters of general knowledge or notorious fact and cannot ultimately be supported by written evidence.

Where references are used, they should be supplied to the applicant.  Where case law is relied upon, accurate references should be supplied, preferably giving page references where crucial arguments can be found.  If those arguments are encapsulated in one or more lines it may be just as convenient to quote those lines in full.