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 Cinnamomum camphora (Camphor) for the treatment of Epiphora from the books – Rasatantrasara Evam Siddhaprayogasamgrahah- part II (Ayurveda, Exhibit 1, Exhibit 7), Gadanigrahah by Sodhala (Ayurveda, Exhibit 2), Rasatantrasarah Evam Siddhaprayogasamgrahah- part I (Ayurveda, Exhibit 3, Exhibit 8, Exhibit 9), Quaraabaadeen Azam wa Akmal by Mohd. Akmal Khan (Unani, Exhibit 4, Exhibit 13), Kitaab-al-Haawi-fil-Tibb, Vol.II by Abu Bakr Mohd.Bin Zakariya Razi (Unani, Exhibit 5), Quaraabaadeen Najm-al-Ghani by Mohd. Najmul Ghani Khan (Unani, Exhibit 6, Exhibit 12), Quaraabaadeen Quaadri by Mohd. Akbar Arzani (Unani, Exhibit 10), Kaamil-al-Senaa'h by Ali Ibn Abbas Majoosi (Unani, Exhibit 11) and Rasayoga Sagara (Ayurveda, Exhibit 14).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below.

“In addition, third party observations according to Article 115 EPC have been filed for the present file. These observations cite several documents, which teach the use of camphor for the treatment of epiphora, (Exhibit 1 to Exhibit 14).

Thus, even though these documents cannot be considered novelty anticipating in the sense of Article 54(2) EPC, it appears that no inventive teaching over these documents have been demonstrated, because the present application does not appear to acknowledge the unobvious significance of adding eucalyptus and menthol to the apparently ancient camphor treatment of epiphora, (Article 56 EPC).”

Full examination report can be referred at EP2086560.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, Applicant M/s Riolan Technologies, Inc. 8575 Prestwick Drive La Jolla, CA 92037 / US, decided not to pay the renewal fee of his 5 years old application filed on 01.11.2007, which he did pay for 5 years. Application was deemed to be withdrawn on 10.07.2012.