Dear Colleagues, With reference to the email below, I have now taken over responsibility for this case together with Jason Rogers. I have also briefly reviewed the amended description and claims, as proposed by the Applicant and provided with your email of 28 November 2015. For the description, please note that, under New Zealand practice, it will be necessary to limit the changes to the corrections of obvious errors only. Otherwise, the changes may be deemed to add new matter into the application. If so, post-dating of the application will then be required. Moreover, it will be necessary to provide a list of all the changes made, the reasons for the changes and justification why the changes should be allowable. Otherwise, the proposed amendments to the description may simply be rejected by the Intellectual Property Office of New Zealand (IPONZ). For the claims, please note that the Applicant’s proposed amendments to the claims are unlikely to be acceptable to the IPONZ. In particular, it is not apparent from the amended claim 1 what exactly are the essential features (or what is required for infringement of claim 1). In view of the above, the Applicant has the following options: i) we can simply proceed to file the amended description and claims as proposed by the Applicant with the IPONZ, however, this will almost certainly lead to a further examination report with the IPONZ rejecting (most, if not all) the amendments made; and ii) we can propose an amended claim set for your review, and determine which changes to the description (as proposed by the Applicant) are likely to be acceptable to the IPONZ. We estimate that our costs for proceeding with option ii) above will be in the range of NZ$ 3, 000 – 4,000. In view of the initial deadline of 29 January 2015 for filing a response to the outstanding examination report, please let us know how you wish to proceed with this matter.
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