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 Citrus limon (Nimbu), Citrus aurantium. (Naranga amla), Citrus sinensis (Mausami), Vitis vinifera (Angoor) and Cichorium intybus (kasani) as complexion enhancer, Antiageing, Hair Blackener and for the treatment of Ring worm, Chloasma / Melasma / Melanoderma, Leucoderma/Vitiligo, Freckle from the books – Al-Qaanoon-fil-Tibb, Vol. II by Abu Ali Ibn-e-Sina (Unani,Exhibit 1), Khazaain-al-Advia, Vol. II by Mohammad Najmul Ghani Khan (Unani,Exhibit 2), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 3, Exhibit 5, Exhibit 6 ), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (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, 7 & 8 are reproduced below.

“Exhibits 1 to 6 filed with the third party observation under Article 115 EPC on 31.05.2012 disclose the use of citrus extracts containing hesperidin as active ingredient in compositions for oral consumption and for the treatment of pathological conditions as well as for cosmetic use.

Exhibit 1 mentions the use against freckles.

Exhibit 2 mentions the use against swelling of body parts.

Exhibit 4 mentions the use against inflammation, itching and freckles.

Exhibit 5 mentions the use against ageing and as hair blackener

Exhibit 1, 2, 4 and 5 therefore detract from the novelty of independent claims 1 and 3.

Inventive Step

As is clear from section 5 above D7, D8 and Exhibits 1,2,4 and 5 the use of citrus extracts containing hesperidin as active ingredient in compositions for treating the skin, hair and coat of animals by oral administration.

Exhibit 4 is the only document that mentions the use of citrus extracts against inflammation, but does not identify any constituent or constituents, which might be responsible for this effect.
D7 and Exhibit 4 Should be acknowledged as closest state of the art documents (Rule 42 (1)(b) EPC).”

Full examination report can be referred at EP1750651-II.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL references and other documents cited in examination report, reference is made to TKDL prior art by the applicant in the description.