1. Third Party Observations under Section 27 of the Australian Patent Actof 1990

TKDL third party submission under Section 27 of the Australian  Patent Act of 1990 brought to the notice of examination division the prior art references on the use of Prunus dulcis(almond), Vitis vinifera(grape wine), Triticum aestivum(wheat), Asparagus racemosus(satavari) and Citrus limon(nimbu) as Immuno potentiators/Anti ageing/Anti oxidant from the books – Bharata Bhaisajya Ratnakara by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 1), Vangasena by Vangasena (Ayurveda, Exhibit 2),  Dhanvantarinighantauh by Mahendra Bhaugika (Ayurveda, Exhibit 3), Vrndamadhava by Madhavah (Ayurveda, Exhibit 4) and Yugi karisal151 by Yugi (Siddha, Exhibit 5).

2. Relevant Extract of IP Australia Examination report

IP Australia Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 3 are reproduced below:

“Objection number 3 is maintained form the first examination report.

The invention defined in independent claim I is not novel (and does not involve an inventive step) when compared with the following prior art documents 1 that disclose all the essential features of the invention claimed:

D1: US 2004/0258674 A1#

D1: US 2005/0244518 A1#

D1: US 2009/0011048 A1#

D1: US 2003/0740674 A1#

D5: Bharata Bhaisajya Ratnakara – Compiled by Naginadasa chaganalala Saha, translate by Gopinath Gupta – Vol-IV : B. Jain Publishers, New Delhi, Edn. 2nd. Reprint, August 1999, Pg 262-263*

D6: Vangasena – Commentator Shaligram Visya, Edited Shankar Lalji Jain; Khemraj Shrikrishan das Prakashan ; Bombay, Edu. 196 Pg 252*

D7: Mahendra Bhaugika; Dhavantarinighantauh – Edited by P.V. sharma; translated by Guru Prasad sharma; Chaukhambha  Orientalia, Varanasi, Edn. 3rd, 2002, Pg 68*

1 # As cited in an original Australian search, *As cited in S27 search results (form the Traditional Knowledge Digital Library)

D8: Madhavah; Vrndamadhava; - Marathi translated by Datto vallala Borkar; Yagyeswara Gopal Dixit, Bookseller, Pune; Edn.1922, Pg 686*

D9: Yugi; Yugi karisal 1151, Ed: Rathna Mudaliar, Pub: Mangalam Shunmuga mudaliar, Chennai (1920), Pg 41*

Note: The description at page 15, lines 3-11 states that the isolated purified lipophilic and lipophilic anti-oxidants of  the invention will have an anti-oxidant ORAC (fl-lipo) value greater than 7000mMol 6-hydroxy-2,5,7,8- tetramethylchroman-2-carboxylic and Equivalents (TE)/gram. Therefore pursuant to claims 1 and 16, the presence of said antioxidant will inherently have an oxygen value greater than 6000 mMol 6-hydroxy-2,5,7,8-tetramethychroman-2-carboxylic acid Equivalents (TE)/gram. D1 discloses a nutritional supplement comprising quercetin, vitamin E and sugars including glucose (essential saccharide), lactose and sucrose (see[0038]-[0042]). Therefore independent claim 1 is not novel and does not involve an inventive step in light of the disclosures of DI. Furthermore the features added by dependant claims 2-15 are considered to be either disclosed or not inventive in light of D1 as it would be obvious to the person skilled in the art to arrive at the claimed invention by standard techniques and options known in the art.

A similar objection applies to each of D2-D9 as they disclose similar subject matter to D1 and are also relevant citations for the purposes of novelty and inventive step.”

Full examination report can be referred at 2009220028.pdf

3. Outcomes of Third Party Observations & Examination Report.

On the basis of TKDL third party and other documents cited in examination report, Examination of the application is under progress and reply from the applicant M/s Mannatech, Inc., 600 South Royal Lane Suite 200 Coppell TX 75019 United States of America is still awaited.