I move amendment No. 22:
In page 40, between lines 26 and 27, to insert the following subsection:
"(2) On an appeal under this section—
(a) the Controller shall be entitled to appear and be heard, and shall appear if so directed by the Court: and
(b) the Court may exercise any power which could have been exercised by the Controller in the proceedings from which the appeal is brought.".
This amendment covers two items that are of concern to the Patents Office. In the opinion of the office it is considered that proceedings listed in section 76 (1) did not cover appeals from the decisions of the Controller. The Controller also points out that he would prefer section 57 (2) of the 1963 Act to be continued. This gives the court the same discretionary powers as are exercised by the Controller. The text of (2) (a) and (b) covers these points.