68. An application under section 48(1) shall be made on Patents Form 33/77 and shall be accompanied by a statement in duplicate of the facts upon which the applicant relies and evidence in duplicate verifying the statement.
69. An application under section 51(1) for an order or entry under section 51(3) shall be made on Patents Form 34/77 and shall be accompanied by a statement of the facts upon which the applicant relies and evidence verifying the statement.
70.—(1) If upon consideration of the evidence submitted with Patents Form 33/77 or 34/77, the comptroller is not satisfied that a prima facie case has been made out for the making of an order or entry, he shall notify the applicant accordingly, and unless, within one month of such notification, the applicant requests to be heard in the matter, the comptroller shall refuse the application.
(2) Where the applicant requests a hearing within the time allowed, the comptroller, after giving the applicant an opportunity of being heard, shall determine whether the application may proceed or whether it shall be refused.
(3) If upon consideration of the evidence the comptroller is satisfied that a prima facie case has been made out for the making of the order or entry, or if, after hearing the applicant, he so determines, he shall direct that the application shall be advertised in the Journal and shall send a copy of the application, the statement and the evidence filed in support thereof to the proprietor of the patent and any other person shown on the register as having any right in or under the patent.
71.—(1) The time within which notice of opposition under section 52(1) may be given shall be two months after the advertisement of the application in accordance with rule 70.
(2) Such notice shall be given on Patents Form 35/77 and shall be accompanied by a copy thereof and supported by a statement in duplicate setting out fully the facts upon which the opponent relies and evidence in duplicate verifying the statement.
(3) The comptroller shall send a copy of the notice, the statement and the evidence to the applicant who, if he desires to proceed with his application, shall within the period of two months beginning on the date when such copies are sent to him, file evidence in duplicate confined to matters strictly in reply and the comptroller shall send a copy thereof to the opponent.
(4) No further evidence shall be filed by either party except by leave or direction of the comptroller.
(5) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.