Amendment of the Claims Before the International Bureau
Basis Article 19 (1)
In the International Bureau of WIPO
Applicant(s) : Lin Zhen-man
)
Application No.
PCT/SG03/00145 ) file a
brief statement
Filed : 12 June 2003
)
For : Surface
Treatment of SARS¨CInfected Lungs
Patent
Cooperation Treaty
cc: Austrian Patent Office
International Bureau of Wipo Fax : 43 1 534 24 733
34 Chemin Des Colombettes
1211 GENEVA 20
SWITZERLAND cc. Per Designated Office
Authorized officer:
Applicant brief statement for AU search report
1. The search
authority of Austrian Patent
Office was wrong in refusing to search the mailing date on Oct.20, 2003.
2.
Therefore,
inventor basis
on the Article 19 & 34 of PCT law to change the claims, description and the drawings on Dec.12,
2003, the
amendment claims are divided into two different editions: Claims A was used for
medicine patent by patent-law of country only while Claim B was use for
medicine and methods of medical treatment patent by patent-law of country, for
instance US patent office and so on.
3. The AU search authority to rectify the wrong and gotten searches report on
Apr.05, 2004.
4. But, the AU searches report does not searches
report for applicant¡¯s amendment claim A only was wrong continually.
5.
The AU
searches report had crookedness three documents and which were a blind states
at PCT/ISA/210 shown¡° the certain claims
were found unreachable¡±. The search authority obviously has to impact fair
examine and violate the Rule 33 of PCT law, below:
a.
The first document US6242472 title¡°Methods for the
pulmonary delivery of biological agents¡±was shown the medical methods
of patent un-involve above claim A and different field for patent and only
involve PFC of claim B;
b.
The second
document was not disclosure on the public anywhere in the world, so the report
must be obtained in the text that is approved as submitted by the applicant on
PCT Form, because the website master had private copyright! In further, why the
AU search authority whom could be to forgot the Background of the invention had state, the description of invent
was also forwarded to ¡°WHO-Padey¡±, ¡°WHO-Liden¡± by Mey-Verme, Mrs Cnia (WDC) and
the leaders WHO were holding the Geneva meeting on 20 May 2003, the
International Filing date could be to extend by the patent law naturally;
c.
The Apply
No.DE10000823A1 was the third document, the title¡°Bring in the yonder gas to eliminate
malignant-flu¡±(translation)
shown the subject matter was the gas£¡The abstract¡°The
invention involves an appliance to bringing of a gas into a malignant-flu¡¯s, into a Flus-Tissue
of crowd diseases, or a Germany-flu¡¡±(translation), it
goes without saying, this case was not involve above applicant¡¯s claims in whichever point of view.
Conclusion
Under the PCT Article 15 the search authority shall be the subject of international search, to go a step further, under the PCT Article 17(2)(a)(1) that the international application relates to a subject matter which
the International Searching Authority is not required to search for the
unallied subject matter, the search authority of
Austrian Patent Office was wrong for above three document.
Under the PCT Rule 33¡°relevant Prior Art for the International
Search¡±had
stipulated, the relevant Prior Art for the International Search
must to the public anywhere in the world by means of written disclosure¡ the search authority must to know the search report does not search into the unlawful
recognition and controversial issue of personal website, as above the second document.
The search authority
of Austrian Patent Office was once again wrong to made applicant difficult for
this application, the ¡°the certain claims were found unreachable¡± of state of
PCT/ISA/210 was outstanding Misrepresentution Ordinance, but, just the opposite,
the AU search authority was to play the role of a travesty role to irrefutable
evidence for this invention was not any relevant to Prior Art for the
International Search!
Respectfully
submitted,
Apr.20, 2004 ____________________________
In the International Bureau of WIPO PCT/SG03/00145 Applicant
Fax: 41 22 338 7140
SG ID S2665604D
Application address:
10 Ava Road Ava Tower
# 19-07 329949
Singapore
Tel: 65 63533647 Fax: 65 6258563