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 Phyllanthus amarus (Tamalaki), Phyllanthus niruri (Bhumyamalaki), Acacia catechu (Khadira) and Hordeolum vulgare (Barley) for the treatment of viral infections/ diseases, obesity,for strength promotion and for removing tiredness from the books – Bhavaprakasha by Bhavamisra (Ayurveda, Exhibit 1), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 2), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 3), The Ayurvedic Pharmacopoiea of India - Part 1,Vol II by Govt of India (Ayurveda, Exhibit 4), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 5), Rasendrasarasamgrahah by GopalakrshnaBhatta (Ayurveda, Exhibit 6), Anuboga Vaithiya Navaneetham by Abdulla Sahib (Unani, Exhibit 7) and Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 8 & 9).
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:
“Documents Cited or Considered Relevant
D2 : Bhavamisra; Bhavaprakasa - Edited & translated by Brahmashankara Misra & RupaLalaji Vaisya, Part-I : Chaukhambha Sanskrit Sansthan, Varanasi, Edn. 9th, 1999. [Time of origin 16th century ]Pg 525
Formulation ID: RS/3383
Formulation Name: Khadiragunah
Category: Y Claims: 1-13
D3 : Madanapala; Madanapalanighantauh - Translated by Rama Prasad; Khemaraj Shri Krishnadas Prakashan, Bombay, Edn. 1998 Pg 113
Formulation ID: RS15/382A
Formulation Name: Khadira Niryasa Guna
Category: Y Claims: 1-13
D4 : Kaiyadeva; Kaiyadevanighantau - (Pathyapathyavibodhakah) Edited and translated by P.V. Sharma and Guru Prasad Sharma,
Chaukhambha Orientalia, Varanasi, Edn. 1st, 1979 Pg 430-431
Formulation ID: RS6/981
Formulation Name: Yava Saktu Guna
Category: Y Claims: 1-13
D5 : Govt of India; The Ayurvedic Pharmacopoiea of India - Part 1,Vol II Ed. First 1999,Govt of India,Ministry of Health & Family Welfare.
[This book contains back references from 1000 B.C.to 20th century] Pg 175-176
Formulation ID: RG/3656
Formulation Name: Yava ( Phala )
Category: Y Claims: 1-13
D6 : Mohammad Shareef Khan; Ilaaj-al-Amraaz (18th century AD), Afzal-al- Matabe, Barqi Press, Delhi, 1921 AD Pg 322
Formulation ID: MH1/3711
Formulation Name: Maa-ush- Shaeer Mulahham
Category: Y Claims: 1-13
D7 : Gopalakrsna Bhatta; Rasendrasarasamgrahah- Commentary by Indradeva Tripathi, Chaukhambha Orientalia, Varanasi, Edn. 3rd 2003 Pg 23
Formulation ID: HG/1020
Formulation Name: Sarvailgasundararasah (08) (pitabhasma)
Category: Y Claims: 1-13
D8 : Abdulla Sahib; Anuboga Vaithiya Navaneetham,Pub:Palani Thandayuthapani Devasthanam publications , Directorate of Indian systems of Medicine, Chennai.(1975). Pg 37
Formulation ID: GR01/49
Formulation Name: Ayapodi Dagam-1
Category: Y Claims: 1-13
D9 : Bharata Bhaisajya Ratnakara -Compiled by Naginadasa Chaganalala Saha ,Translated by Gopinath Gupta - Vol.-I : B. Jain Publishers, New Delhi, Edn. 2nd. Reprint, August 1999. [This book contains back references from 1000 B.C.to 20th century] Pg 160
Formulation ID: AB/456
Formulation Name: Iksvadimodakah
Category: Y Claims: 1-13
D10: Bharata Bhaisajya Ratnakara -Compiled by Naginadasa Chaganalala Saha,Translated by Gopinath Gupta - Vol.-II : B. Jain Publishers, New Delhi, Edn. 2nd. Reprint, August 1999. [This book contains back references from 1000 B.C.to 20th century] Pg 41
Formulation ID: BP/207
Formulation Name: Guggulurasayanam (01)
Category: Y Claims: 1-13
^Section 27 Notice 21 January 2011
Documents D2-D10 were brought to my attention by a section 27 (1) notice now particularly relevant due to the proposed amendments.
Y: The claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art.
Novelty and Inventive step
Objection 3 is maintained in part. That is, the invention claimed in claims 1-13 does not involve an inventive step when the disclosures of the following documents are combined : D1 when read in the light of each of D2-D10.
See (1) D2, D3 and D10 each of which discloses acacia catechu as a source of catechins to promote strength, and removing tiredness, and therefore increased energy and well being;
(2) D4-D6 which disclose Hordeolum vulgare (barley grass) for oral administration for strength promotion and removing tiredness, treating obesity, coughs and bronchitis and as a general tonic; and
(3) D7-D9 which disclose Phyllanthus niruri for strength promotion, lethargy and as a vitaliser (increasing energy and feeling of well being).
It is considered that a person skilled in the art would, in seeking a solution to the problem being addressed, be motivated, with a reasonable expectation of success, to combine the disclosures of each of documents D1 and any of D2-D10 and arrive at a solution which is the same as the claimed inventions.”
Full examination report can be referred at AU2009222618.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 Life Science Nutrition AS / Norway, decided to amend the claims on 20-Nov-2012.
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