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 Myrtus communis (myrtle) as Mouth Freshner, Astringent and for the treatment of Fetid breath, Stomatitis, Flaccidity of Gums and Palatitis, Dental caries and Cracked or Fissured tooth from the books – Muheet-e-Azam, Vol.II by Mohammad Azam Khan (Unani, Exhibit 1), Kitaab-al-Haawi-fil-Tibb by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 2), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 3), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 4) and Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 5 & 6).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 are reproduced below.

“The third-party observation submitted in the regional phase has been taken into account and was considered relevant for an inventive step of the claimed subject-matter, see Exhibits 3, 5 and 6 (Art. 52 (1) and 56 EPC).
Exhibit 3 discloses a formulation comprising Myrtus communis and Vitus vinifera Linn in the form of a tablet which is useful as mouth fresher.
Exhibit 5 discloses a composition comprising inter alia ingredients (drugs) of different parts of the plant Myrtus communis Linn for use in the treatment of Fetid breath.The Exhibit 5 drugs are prepared by soaking in water and straining it.
Exhibit 6 discloses a liquid preparation comprising Myrtus communis Linn, Punica granatum, potas Alum, vinegar for rinsing the mouth.

With regard to the known activity of myrtle in particular with regard to oral health described in the prior art and with regard to the objections raised under clarity and inventive step in the PCT report, the claimed subject-matter appears not to involve an inventive step over Exhibits 3, 5, 6, D1 and D3 (Art. 52(1) and 56 EPC and Art. 84 EPC).”

Full examination report can be referred at EP2293689.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 Mars, Incorporated/US, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 30.04.2014 and closed on 04.08.2014.