1. Third Party Observations under Article 115 of EPC

TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Narcissus tazetta (Grand primo Narcissus) for the treatment of alopecia, pruritus and vitiligo from the books – Al-Jaame'-li-Mufradaat-al-Advia-wal-Aghzia by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 1), Al-Qaanoon-fil-Tibb by Abu Ali Ibn Sina (Unani, Exhibit 2), Khazaain-al-Advia by Mohd Najmul Ghani Khan (Unani, Exhibit 3) and Kitaab-al-U'mdah-fil-Jeraahat by Aminuddaula Abul Farj Ibn Al-Quff Maseeh (Unani, Exhibit 4).

2. Relevant extract of EPO Examination Report

EPO Patent Examiner(s)  took cognizance of TKDL references. Extract of examination report at Para 6 & Para 7 are reproduced below:

“ In addition, the third-party observation dated 09.06.2009 and received on 16.06.2009 pursuant to Article 115 EPC calls into question the patentability of the subject-matter claimed for the reasons given below. Thus, the following documents D4-D7 will be taken into account in the proceedings(Guidelines E-vi,3) and the numbering will be adhered to in the rest of the procedure.

D4 = Exhibit 1; Tila Baraae Daa-us- Salab, 1874,  page 179P

D5 = Exhibit 2; Dawa Nargis, 1987, page 398

D6 = Exhibit 3; Zimaad Bara-e-ganj, page 944

D7 = Exhibit 4; Tila-e-aakhar, page 35

Document D4 refers to a therapeutic composition containing Narcissus tazetta used locally for massage in the treatment of Alopecia. As such, this composition reads to the claimed composition comprising a processed Narcissus tazetta product according to present claims 1-9.

Document D5 relates also to a therapeutic composition useful in the treatment of Alopecia comprising Narcissus tazetta. As such, this composition reads to the claimed composition comprising a processed Narcissus tazetta product according to present claims 1-9.

Document D6 pertains to a therapeutic composition for local application in the treatment of Alopecia and Prurigo/Pruritus containing Narcissus tazetta. As such, this composition reads to the claimed composition comprising a processed Narcissus tazetta product according to present claims 1-9.

Document D7 describes a therapeutic formulation containing Narcissus tazetta used in the treatment of Leucoderma/Vitiligo and Ptyriasis Alba through local application. As such, this composition reads to the claimed composition comprising a processed Narcissus tazetta product according to present claims 1-9.”

Full examination report can be referred at EP1718143.pdf

3. Outcome of Third Party Observation and Examination Report

As the outcome of TKDL third party and other documents cited in examination report Applicant M/s NU SKIN INTERNATIONAL INC, United States, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 06.12.2011 and closed on 19.03.2012.