2011210381

Ref: Examiner(s) Comments in the Examination Report Dated: 14.02.2014 in the context of Patent Application No. 2011210381 at IP Australia


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:

“Citations and explanations:

D1 BHAUGIKA M, “Sarva Candana Guna”, Dhavantarinighatauh, TKDL, Abstract No AK12/211B, knowledge known for 500 years.

D2 BHAUGIKA M, “Kucandana Guna”, Dhavantarinighatauh, TKDL, Abstract No AK12/213, knowledge known for 500 years.

D3 SODHALA, “ Samasta Candana Guna” Sodhalanighantauh, TKDL, Abstract No RG9/213, knowledge known for 500 years.

D4 Author Unknown, “ Nayanabhigata Cikitsa”, Nighanturantnakarh, TKDL, Abstract No VK12/1732B, knowledge known for 100 years.

Novelty (N)

Document D1 discloses a therapeutic composition comprising Adenenathera pavonina (Adenanthera Peronia). It is considered that the term “for” recited in the claims does not limit the scope of the claimed invention to controlling pests in agriculture and horticulture crops but merely recites a composition capable of this purpose. Thus it is considered that the composition of document D1 is capable in controlling pests in agriculture and horticulture crops and thus falls within the scope of the claim 1 of the present application.

Document D2 discloses a therapeutic composition comprising Adenenathera pavonina (Adenanthera Peronia). It is considered that the term “for” recited in the claims does not limit the scope of the claimed invention to controlling pests in agriculture and horticulture crops but merely recites a composition capable of this purpose. Thus it is considered that the composition of document D2 is capable in controlling pests in agriculture and horticulture crops and thus falls within the scope of the claim 1 of the present application.

Document D3 discloses a therapeutic composition comprising Adenenathera pavonina (Adenanthera Peronia). It is considered that the term “for” recited in the claims does not limit the scope of the claimed invention to controlling pests in agriculture and horticulture crops but merely recites a composition capable of this purpose. Thus it is considered that the composition of document D3 is capable in controlling pests in agriculture and horticulture crops and thus falls within the scope of the claim 1 of the present application.

Document D4 discloses a therapeutic composition comprising Adenenathera pavonina (Adenanthera Peronia). It is considered that the term “for” recited in the claims does not limit the scope of the claimed invention to controlling pests in agriculture and horticulture crops but merely recites a composition capable of this purpose. Thus it is considered that the composition of document D4 is capable in controlling pests in agriculture and horticulture crops and thus falls within the scope of the claim 1 of the present application.”

Full examination report can be referred at 2011210381-II.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report Examination of the application is under progress and reply from the Applicant M/s SREE Ramcides Chemicals Pvt Ltd / India is still awaited.