1. Relevant Extract of IP Australia Examination report

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

“Additionally claims 1-40 lack an inventive step in view of a large number of documents. The art is replete with suggestions and disclosures of treatments comprising a polyphenol extract from grapes.
The following documents are provided as examples chosen from many in a well traversed art:

D6#: VAGBHATA, “Mardvikamadyagunaah”, Astanga Samgraha, TKDL Abstract No. AT/2145, Knowledge known since 1000 years

D7#: KAIYADEVA, “Draksa Sura”, Kaiyadevanighamau, TKDL Abstract No. RS6/866, Knowledge known since 500 years

D8#: KANNUSAMY PILLAI, “Thiraakshaadhi Nei”, Chikithsa Rathna Deepam, TKDL Abstract No. SK03/209, Knowledge known since 200 years

D9#: THERAYAR, “Ratha Pithanoi Kundineer 1”, Therayar Kudineer, TKDL Abstract No. BS01/77, Knowledge known since 1000 years

D6 (pg no. 3-4) discloses a formulation containing wine grape (Vitis vinifera Linn.) as a single ingredient used for the treatment of Diabetes Mellitus, wherein mode of administration is as directed by physician.

D7 (pg. no. 5-7) discloses a formulation containing wine grape (Vitis vinifera Linn.) as a single ingredient used for the treatment of Obesity through oral administration.

D8 (pg. no. 8-10) discloses a formulation containing wine grape (Vitis vinifera Linn.) as a single ingredient used for the treatment of hypertension through oral administration.

D9 (pg. no. 11-12) discloses a formulation containing wine grape (Vitis Vinifera Linn.) along with few other ingredients used for the treatment of Hypertension through oral administration.

The current specification defines Metabolic Syndrome as a syndrome characterised by an accumulation of risk factors for cardiovascular disease, stroke and/or diabetes mellitus type II (para [0006]). Therefore it is considered that symptoms and diseases as disclosed in D3-D9 would constitute risk factors that define Metabolic Syndrome, and grape seed extracts used for treatment of said symptoms and diseases would be inherently capable of alleviating Metabolic Syndrome.
The claimed invention differs from D3-D9 in that it recites a phenolic profile of grapes comprising 2% by weight or less epicatechin-gallate terminal units. As there is no indication of epicatechin gallate terminal units or commercial sources of grape seed extracts in these documents, it is considered that the grape seed extracts disclosed therein may comprise commercially available products known to have such a profile.

Therefore claims 1-40 lack an inventive step.

Full examination report can be referred at 2006294491.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report the Applicant M/s The Regents of the University of California / United States of America amended the claims on 13.08.2012.