Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p89
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 89/154)
Character Range: 428409–431056

place where, the act or thing is alleged to have been done publicly; and
 (iii) particulars that are sufficient to identify the act or thing; and
 (iv) if the act or thing relates to apparatus or machinery—particulars of whether the apparatus or machinery exists and, if so, where it can be inspected.
 (2) If the claim of the complete specification of a patent is that the invention concerned is not useful, the ground must include particulars:
 (a) of any example relied on that the invention cannot be made to work; and
 (b) specifying how it is alleged that it does not work as described;
 (i) at all; or
 (ii) as described in the specification.

34.28  Notice of cross‑appeal
 (1) A respondent who wants to appeal from a decision, or part of a decision, of the Commissioner, from which the applicant has appealed must file a notice of cross‑appeal, in accordance with Form 93.
 (2) The notice of cross‑appeal must state the following:
 (a) whether the cross‑appeal is from the whole or a part of the decision (including, if the cross‑appeal is from a part only, details of the part);
 (b) the order or orders sought;
 (c) the grounds relied on in support of each order sought;
 (d) the particulars of each ground relied on.
 (3) The notice of cross‑appeal must be filed within 21 days after the respondent was served with the notice of appeal.
 (4) The respondent must, within 5 days after filing the cross‑appeal, serve the notice of cross‑appeal on:
 (a) the Commissioner; and
 (b) the applicant; and
 (c) any other party to the cross‑appeal.

34.29  Notice of contention
  If a respondent does not want to cross‑appeal from the Commissioner's decision, but contends that the Commissioner's decision should be affirmed on grounds other than those relied on by the Commissioner, the respondent must, within 21 days after the notice of appeal is served, file a notice of contention, in accordance with Form 77.

34.30  Provision of documents by Commissioner
  Within 14 days after being served with a notice of appeal, the Commissioner must:
 (a) lodge the documents (or certified copies of the documents) necessary for the hearing that are in the Commissioner's possession, and a list of the documents; and
 (b) give each party to the appeal notice in writing of the documents filed.

34.31  Evidence
 (1) Material before the Commissioner for the purpose of the decision appealed from is, with the leave of the Court, admissible in evidence on the hearing of the appeal.
 (2) In an appeal from a decision under the Patents Act, a party may apply at a directions hearing for an order under section 160(a) of that Act in relation to the giving