4913/CHENP/2007


Ref: Examiner(s) Comments in the Examination Report Dated: 18.11.2010 in the context of Patent Application No. 4913/CHENP/2007 at CGPDTM


1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:

“Invention claimed in claims lacks Novelty over the documents as mentioned in the Traditional knowledge digital library and the documents cited below

TKDL

Exhibit 1 :( pg. no. 4-6) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

Exhibit 2 :( pg. no. 7-9) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

Exhibit 3 :( pg. no. 10-12) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

Exhibit 4 :( pg. no. 13-15) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

Exhibit 5 :( pg. no. 16-19) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

Exhibit 6 :( pg. no. 20-25) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

Exhibit 7 :( pg. no. 26-28) refers to a formulation containing Aloe barbadensis Mill, along with few other ingredients used for the treatment of Obesity through oral administration.

To know more detail and the corresponding reprints of above TKDL documents applicant advised to refer IPER which available in Esp@ce online link

The alleged patent application claims the usefulness of a hot water extract of a Liliaceae plant (Aloe barbadensis) for the treatment of visceral fat accumulation as novel. However Aloe barbadensis (Liliaceae family) has been used for the treatment of Obesity through oral administration in the Indian system of medicine since long, as is evident from exhibits cited from the book namely Bayaaz-e-Kabir, Vol. II by Mohammad Kabiruddin(Unani,Exhibits, pg no 4-6),Rasendracintamanaih by Dundukanatha (Ayurveda,Exhibit:2, pg no 7-9), Rasatantrasarah Evam Siddhaprayogasamgrahah;-part (Ayurveda,Exhibit:3, pg no 10-12), Rasayoga Sagara (Ayurveda, Exhibit 4, pg no 13-15), Rasayoga Sagara (Ayurveda,Exhibit:5, pg no 16-19), Rasaratnakarah -Rasendra khandam (Ayurveda,Exhibit:6, pg no 20-25), Rasakamadhenu Samhita by Cudamani (Ayurveda,Exhibit:7 pg no 26-28). In addition to the aforesaid references, some other references also exist in TKDL wherein Aloe barbadensis has been used in combination with few other ingredients for the treatment of obesity. Hence, the said application is not novel as per the cited prior art and does not involve any inventive step, therefore cannot qualify for the grant of patent rights.”

Full examination report can be referred at 4913-CHENP-2007.pdf

3. Outcomes of TKDL References in Examination Report

After consideration of prior art evidences in TKDL also by the examiner, application refused.