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 Triticum aestivum (wheat), Glycyrrhiza glabra (Licorice), Mentha piperita (Peppermint) and Foeniculum vulgare ( Fennel) as Immuno potentiators/Anti ageing/Anti oxidant, Cardio-tonic, Antiobesity and for the treatment of Immuno suppressive / Emaciating disease, Tumour, Uterine tumour, Cancer, All types of Diseases of heart, Heart disease with infective pathology, Weakness of heart and Obesity from the books – Kaiyadevanighantauh by Kaiyadeva (Ayurveda, Exhibit 1), Ayurveda Vigyana sara by Yugeshvar Jha (Ayurveda, Exhibit 2), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 3), Ikseer Azam by Mohammad Azam Khan (Unani, Exhibit 4 & 6), Brhat Nighantu Ratnakara by Gangavisnu srikrsna Dasa (Ayurveda, Exhibit 5), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 8), Bayaaz-e- Kabir by Mohammad Kabiruddin (Unani, Exhibit 9), Yogaratnakarah by Laksmipatisastri (Ayurveda, Exhibit 10) and Bharata Bhaisajya Ratnakara by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 11).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 & 3 are reproduced below.

“Third-party observations pursuant to Art.115 EPC have been filed on 15.08.2013. In particular the document

D3: Govinda Dasa; Bhaisajya Ratnavali – Edited by Rajeshvaradutta Shastri, Translated by Ambikaduttashastri: Chaukhamba Sanskrit Sansthan, Varanasi. Edn. 14th, 2001, page 490, Formulation ID: ak/2123 is considered representative for the Traditional Knowledge submitted with said observations. Thus, document D3 will be taken into account in the proceedings (Guidelines E-V, 3) and the numbering will be adhered to in the rest of the procedure.

The documents submitted with the third party observations (see e.g. D3) disclose products obtained by mixing Triticum aestivum Linn. (common wheat) with small amounts of herbs/extracts and boiling till the liquid gets evaporated.

Hence, in both D1 and D3 a taste improving material is included into the inner phase of the product.

The subject-matter of present claim 1 differs from D1 and D3 in that it uses freeze-drying in order to evaporate the liquid.

However, the technique of freeze-drying comes within the scope of routine experimentation for the skilled person, when removing liquids.

Hence, in the absence of any unexpected effects with respect to the closest prior art (the documents D1 and D3) the subject-matter of claim 1 is not considered to involve an inventive step (Art. 52 (1) and 56 EPC).”

Full examination report can be referred at EP2403484.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 is under process and reply is still awaited from the Applicant Hidvégi, Maté / Hungary.