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 Camellia (Green Tea) for the treatment of all types of fatigue and Paralysis/Hemiplegia from the books – Quaraabaadeen Azam wa Akmal by Mohd. Akmal Khan (Unani, Exhibit 1), Quaraabaadeen Azam wa Akmal by Mohd. Akmal Khan (Unani, Exhibit 2), Quaraabaadeen Najm-al-Ghani by Mohd. Najmul Ghani Khan, (Unani, Exhibit 3), Quaraabaadeen Najm-al-Ghani by Mohd. Najmul Ghani Khan (Unani, Exhibit 4).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:

“Documents considered to be relevant.

D13: Mohd. Najmul Ghani Khan: “Hab-e-chai Deegar Qawi Tar” KEY ATTRIBUTES OF TKDL NA4/3925, 1928, pages 1-4, XP003025360

D14: Mohd. Najmul Ghani Khan: “Habb-e-chai” KEY ATTRIBUTES OF TKDL NA4/3924, 1928, pages 1-3, XP003025359

D15: Mohd. Akmal Khan: “Qahwah Bara-e- Faalij Wa Laqwa” KEY ATTRIBUTES OF TKDL AH5/2667, 2000, pages 1-3, XP003025358

D16: Mohd. Akmal Khan: “Qahwah Deegar Bara-e- Faalij Wa Laqwa” KEY ATTRIBUTES OF TKDL AH5/2668, 2000, pages 1-3, XP003025357

D13 discloses the subject-matter of claims 1-5, i.e. that camellia sinensis which contains catechins, is useful to treat all types of fatigue.

D14 discloses the subject-matter of claims 1-5, i.e. that camellia sinensis which contains catechins, is useful to treat all types of fatigue.

D15 discloses the subject-matter of claims 9,10,19,20, i.e. that camellia sinensis which contains catechins, is useful to treat paralysis/hemiplegia.

D16 discloses the subject-matter of claims 9,10,19,20, i.e. that camellia sinensis which contains catechins, is useful to treat paralysis/hemiplegia.

Should the applicant overcome the above raised objections of lack of novelty, an inventive step has to be demonstrated over D1-D26, as the present claimed subject matter, as far as novel, appears to be obvious over said documents (Art. 56 EPC)”

Full examination report can be referred at EP2036552.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report the examination of application is under process and reply is still awaited from the Applicant Kao Corp, Japan.