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 Aloe barbadensis Mill. (Gheekawaar) and copper for the treatment of Herpes Zoster and Diseases of skin  from the books – Muheet-e-Azam Vol III by Mohammad Azam Khan (Unani, Exhibit 1); Madanapalanighantauh by Madanapala- Translated by Rama Prasad (Unani, Exhibit 2), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Chikithsa  Rathna Deepam by Kannusamy Pillai (Sidha, Exhibit 4) and Ikseer Azam, Vol. IV by Mohammad Azam Khan (Unani,Exhibit 5).

2. Relevant Extract of IP Australia Examination report

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

“The invention defined in claims 1-3, 15-18, 25-28, and 30-32 lacks novelty (and an inventive step) in light of the following citation:

D6: Mohammad Azam Khan; Ikseer Azam, Vol. IV (19 Century AD), Matab Nizami, Kanpur, 1872 AD Pg 378^

D6 discloses a therapeutic composition comprising copper rust, Aloe barbandensis Mill, massicot and  cow for the treatment of Herpes zoster. The composition of D6 is formulated as a medicated paste for external application. Hence claims 1-3, 15, 18, 25-28 and 30-32 lacks novelty and an inventive step in light of D6.

^Citation supplied on the 4 january 2011 as a Third Party Observation under Section 27 of the Australian Patent act of 1990.”

Full examination report can be referred at 2009217410.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report Applicant M/s Dynamiclear Pty Ltd 19 Byrnes Street Mareeba QLD 4880 Australia, decided to amend the claims  on 28.06.2011. The application is Sealed on 10.11.2011.

Analysis of amendment of claims

The Applicant originally claimed the usefulness of an aqueous herbal formulation (source of herbal extracts are Hypericum perforatum and Aloe vera) comprising an amount of copper as an active trace metal  effective for topical treatment of skin and mucosal membrane lesions. TKDL submitted its prior art evidences stating the usefulness of Aloe vera and copper in trace amount for the treatment of Herpes zoster and Skin diseases. Based on the TKDL evidences and Examiner’s report the Applicant amended the claims by not specifying the source of herbal extract and specifying the indication as viral associated skin and/or mucosal membrane lesion(s).