1. 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

D1 : TKDL Abstract No. AK/3114
& Rajeshvaradutta Shastri, ‘Mas¦rik¢har¢yoga’, Bhai¾ajya Ratn¢val, Chaukhamba Sanskrit Sansthan, Varanasi, Edn. 14th, 2001, page 656. ****
Category: X Claims: 1-3, 5-8 AND 13-15

D2 : TKDL Abstract No. AT/1155D
& P.V Sharma, ‘¥t¢vi¾an¢kayoga’, Suºruta Sa¼hit¢, Vol.-III :Chaukhamba Visvabharati, Varanasi, Edn. Ist, 2001, pages 96-97. ****
Category: X Claims: 1-3 AND 5-8

D3 : TKDL Abstract No. RG2/1609
& Indradeva Tripathi. ‘Saramuladi Ghrta Yoga’, Gadanigrahaª ed, Ganga Sahaya Pandeya & Com, Part- 3 (Salakya-Pancakarma Khanda) Chaukhamba Sanskrit Sansthan (Varanasi) Ed. 3rd 1999, page 714.****
Category: X Claims: 1-3 AND 5-10

**** Citation from an original search done by AU Examiner using the Indian Traditional Knowledge Digital Library (TKDL).

Novelty and Inventive Step

The invention claimed in each of independent Claims 1, 13, 14 and 15 is not novel (and lacks an inventive step) when compared to the disclosure in D1.
The invention claimed in independent Claim 1 is not novel (and lacks an inventive step) when compared to the disclosure in D2 or D3.
The invention claimed in each of dependent Claims 2, 3 and 5-8 is not novel and/or lacks an inventive step when compared to either D1 or D2 or D3.

D1 discloses a therapeutic composition comprising Aleurites fordii made from the plant. The therapeutic composition is described to be used for treatment of small pox.
D1 therefore discloses all the features of the invention defined in each of Claims 1, 13, 14 and 15.
D2 discloses a therapeutic composition comprising Aleurites fordii for treatment of vomiting and headache.
D3 discloses a therapeutic composition and drink formulation comprising Aleurites fordii made from the fruit of the plant. The therapeutic composition and drink formulation is used as an aphrodisiac.
Each of D2 or D3 therefore discloses all the features of the invention defined in Claim 1.

The invention claimed in each of Claims 9 and 10 is not novel (and lacks an inventive step) when compared to the disclosure in D3.
Each of Claims 9 and 10 is directed to a healthy food comprising Aleurites fordii or Daphne kiusiana extract. The healthy food is defined as merely suitable for preventing or alleviating viral diseases and not limited to preventing or alleviating viral diseases.
As discussed above, D3 discloses a therapeutic composition and drink formulation comprising Aleurites fordii used as an aphrodisiac.
D3 therefore discloses all the features of the invention defined in each of Claims 9 and 10.”

Full examination report can be referred at 2010316120.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report the Applicant M/s Korea Research Institute of Bioscience and Biotechnology / Republic of Korea amended the claims on 07.11.2013.