Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p88
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 88/154)
Character Range: 426081–428641

order or orders sought;
 (d) the grounds relied on in support of each order sought;
 (e) the particulars of each ground relied on.
Note: A Registrar will fix a return date and place for hearing and endorse those details on the notice of appeal. The return date will be at least 28 days after filing.
 (3) The applicant must serve the notice of appeal on the Commissioner and each other party to the appeal within 5 days after filing the notice of appeal.

34.25  Application for extension of time to file notice of appeal
 (1) A person who wants to apply for an extension of time within which to file a notice of appeal mentioned in rule 34.24 must file an application for an extension of time, in accordance with Form 67.
 (2) The application may be made during or after the period mentioned in rule 34.24.
 (3) The application must be accompanied by:
 (a) an affidavit stating the following:
 (i) briefly but specifically, the facts on which the application relies; and
 (ii) why the notice of appeal was not filed within time; and
 (iii) the nature of the appeal; and
 (iv) the questions involved; and
 (b) a draft notice of appeal that complies with rule 34.24.
 (4) The applicant must, at least 14 days before the day fixed for the directions hearing, serve a copy of the application and the accompanying documents on:
 (a) the Commissioner; and
 (b) each interested person.

34.26  Grounds of appeal or particulars not stated in notice of appeal
  A party is not entitled to tender any evidence or make any submissions in support of:
 (a) a ground of appeal not stated in the notice of appeal; or
 (b) a ground of appeal of which particulars have not been given in the notice of appeal.

34.27  Particulars of non‑patentable invention
 (1) If a ground relied on in a notice of appeal from a decision of the Commissioner under the Patents Act is that the invention is not a patentable invention because information about the invention has become publicly available in a document, or through the doing of an act or thing, the ground must include the following particulars:
 (a) for a document—the time when, and the place where, the document is claimed to have become publicly available;
 (b) for an act or thing:
 (i) the name of the person alleged to have done the act or thing; and
 (ii) the period within which, and the 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