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 cassia (Dalchini) and Cinnamomum camphora (Camphor) for the treatment of Lymphadenitis, Scrofula/Cervical lymphadenitis, Tumour, Oedema/Inflammation and Glandular swelling from the book – Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 1), Ilaaj-al-Amraaz by Mohammad Shareef Khan; (Unani, Exhibit 2), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 3), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 4), Yugi Munivar Vaithiya Chinthamani by Yugi; (Siddha, Exhibit 5), Agathiyar vaithia kaviyam by Agasthiyar (Siddha, Exhibit 6) and Vaithiya Chinthamani by Yugi (Siddha, Exhibit 7).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references.  Extract of examination report at Para 4 are reproduced below:

“Documents considered to be relevant:

D2 (=NN: "Habb Waasli", TKDL , no. MH5/2791 1 January 1811 (1811-01-01), XP002666404, Retrieved from the Internet: URL:http://www.tkdl.res.in/tkdl/ Lang Default/ Formulation /Member_Docs/BC/ unani/highlight.asp?a=/tkdl/ langdefauIt/ formulation/member_ docs/bc/ unanil/ mh5-2791.asp&b=mh5/2791 &c=F&stypePrint= GLOBAL-SIMPLE-SEARCH? str=Global [retrieved on 2011-12-28]) refers to a formulation containing Cinnamomum cassia along with few other ingredients used for the treatment of cervical lymphadenitis and lymphadenitis through oral administration. Hence, in the light of D2 the subject-matter of claims 6-9 and 11 is not novel wherein the subject-matter of claim 10 does not involve an inventive step.

D3 (=NN: "Itreefal Ghudadi", TKDL, no. MH1/3719 1 January 1811 (1811-01-01), XP002666405, Retrieved from the Internet: URL:http://www.tkdl.res.in/tkdl/ Lang DefauIt/ Formulation/Member_Docs/BC/unani/ highlight.asp?a=/tkdl/ langdefauIt/formulation/member_ docs/bc/unanil mh1-3719.asp&b=mh1/3719&c=F&stypePrint=GLOBAL-SIMPLE-SEARCH? str=Global [retrieved on 2011-12-28]) refers to a formulation containing Cinnamomum cassia along with few other ingredients used for the treatment cervical lymphadenitis through oral administration. Hence, in the light of D3 the subject-matter of claims 6-9 and 11 is not novel wherein the subject-matter of claim 10 does not involve an inven­tive step.

D4 (=NN: "Kukkilathy Vadakam", TKDL , no. GP03/245 1 January 1911 (1911-01-01), XP002666406, Retrieved from the Internet: URL:http://www.tkdl.res.in/ tkdl/ Lang Default/ Formulation/Member_Docs/ BC/siddha/highlight.asp?a=/tkdl/ langdefauIt/ formulation/member_docs/bc/siddha/ gp03-245.asp&b=gp03/ 245&c=F&stypePrint=GLOBAL-SIM PLE-SEARCH?str= Global [retrieved on 2011-12-28]) refers to a formulation containing Cinnamomum cassia along with few other ingredients used for the treatment of edema and inflammation through oral administration. Hence, in the light of D4 the subject-matter of claims 6-9 and 11 is not novel wherein the subject-matter of claims 10 does not involve an inven­tive step. ”

Full examination report can be referred at EP2319537.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the Applicant M/s SHISEIDO CO LTD, Japan amended the claims on 21.08.2012.