1. Third Party Observations under Section 27 of the Australian Patent Act of 1990

TKDL third party submission under Section 27 of the Australian Patent Act of 1990 brought to the notice of examination division the prior art references on the use of Phoenix dactylifera (date palm) and Cocos nucifera (coconut) as Cardio-tonic, Anti oxidant and for the treatment of Palpitation, Heart disease with Pitta predominance / Inflammatory heart disease, Hypertension, Diseases of heart and Angina pectoris from the books – Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 1), Muheet-e-Azam by Mohammad Azam Khan (Unani, Exhibit 2), Dhanvantarinighantuh by Mahendra Bhaugika (Ayurveda, Exhibit 3), Yogaratnakarah (Ayurveda, Exhibit 4), Rasatantrasarah Evam Siddhaprayogasangrahah; (Ayurveda, Exhibit 5), Agathiyar paripooranam by Agasthiyar (Siddha, Exhibit 6), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 8), Vangasena by Vangasena (Ayurveda, Exhibit 9), Aryabhisaka by Samkaradajisastripade (Ayurveda, Exhibit 10), Agathiar vaithiam by Agasthiyar (Siddha, Exhibit 11)and Rasayogaratnakarah (Ayurveda, Exhibit 12).

2. Relevant Extract of IP Australia Examination report

IP Australia Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 2 are reproduced below:

“Documents Cited or Considered Relevant

D6 : TKDL Abstract No. AN2/391D. (KHAN, MNG. Khazaain-al-Advia. Lahore: Sheikh Mohd Basheer & Sons, 1911, Vol. II, pages 420-421.) ****
    Category: X Claims: 1-4, 8-10, 12

D7 : TKDL Abstract No. FA1/169I. (KHAN, MA. Muheet-e-Azam. Kanpur: Matba Nizami, 1899, Vol. IV (Part I), pages 90-91.) ^
    Category: X Claims: 1-4, 8-10, 12

**** Cited in the Third Party Observation lodged by the Council of Industrial and Scientific Research, India on 10 January 2011 under s 27. Submitted as Exhibit 1.
^ Cited in the Third Party Observation lodged by the Council of Industrial and Scientific Research, India on 10 January 2011 under s 27. Submitted as Exhibit 2.

Novelty and Inventive Step

Claim 1 lacks novelty (and an inventive step) in light of each of D6 and D7, considered independently. Claims 2-4 either lack both novelty and an inventive step or lack an inventive step in light of each of D6 and D7. Claims 8-10 and 12 lack an inventive step in light of each of D6 and D7, considered independently.
D6 discloses a liquid preparation of herbal drugs for oral administration extracted from vegetative buds of Pheonix dactylifera Linn. with water. Such compositions are said to be useful as a 'cardiotonic' or for treatment of 'palpitation'.
D7 discloses the use of a juice obtained by straining fresh herbs of Phoenix dactylifera Linn. as a 'cardio-tonic' and for treatment of 'palpitations' by oral administration. 'Straining' in this context would typically involve the use of water, a relevant polar solvent.
Consequently, each and every feature of Claim 1 is disclosed in each of D6 and D7 and so both D6 and D7 anticipate this claim.
Claims 2-4 (appended to Claim 1) add features which are disclosed in one or both of D6 and D7 and/or represent common general knowledge in the art which a person skilled in the art would routinely apply to the subject matter of Claim 1.
The method of Claim 8 differs from those of D6 and D7 in that D6 and D7 do not disclose the specific extraction steps of pre-treatment of the foliage or of concentration of the resultant extract. However, such process steps are extremely commonplace in the art and a person skilled in the art would routinely apply such methods in preparing compositions according to either D6 or D7.”

Full examination report can be referred at 2008273073.pdf

3. Outcomes of Third Party Observations & Examination Report.

On the basis of TKDL third party and other documents cited in examination report, Examination of the application is under progress and reply from the applicant M/s Universiti Putra Malaysia/ MALAYSIA is still awaited.