1. Third Party Submission under Art 37 CFR 1.99

TKDL third party submission under Art 37 CFR 1.99 brought to the notice of examination division the prior art references on the use of   Piper betle (Paan) leaf  in combination with one or more of the extracts or fractions derived from Dolichos biflorus (Kulathi), Commiphora mukul (Guggulu), Boerhaavia diffusa (punarnava), Tribulus terrestris (caltrop) and Zingiber officinale (ginger) for the treatment of obesity and as anti-oxidant, anti-inflammatory and anti diabetic agent from the books – Vaidyamanorama by Kali Dasa (Ayurveda, Exhibit 1), Yogaratnakara - Commentary by  Lakshmipatisastri, Edited by  Brahmasankara Sastri (Ayurveda, Exhibit 2), Sodhalanighantau by Sodhala (Ayurveda, Exhibit 3), Bharata Bhaisajya Ratnakara vol II- Compiled by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 4), The Ayurvedic  Pharmacopoeia of India - Part I, Vol. I- Govt. of India (Ayurveda, Exhibit 5), Bharata Bhaisajya Ratnakara vol III- Compiled by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 6) and Rasatantrasarah Evam Siddhaprayogasamgrahah;- part I by Krishan Gopal Ayurveda Bhawan (Ayurveda, Exhibit 7).

2. Relevant Extract of USPTO Examination Report

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

“Claim 23, at least, is anticipated or obvious over Bherata Bhaitajya Ratnekara (U). Bherata Bhaitajya Ratnekara teaches an herbal remedy composition comprising an extract of Piper betle and an extract of Dolichos biflorus. Consequently, the special technical feature is lacking.”

Full examination report can be referred at 20100203117.pdf

3. Outcomes of Third Party Submission & Examination Report

As the outcome of TKDL third party and other documents cited in examination report, Applicant KRAMER & AMADO, P.C., ALEXANDRIA, US, decided to amend the claims on 16.09.11

Analysis of amendment of claims

The Applicant originally claimed the usefulness of an Anti-adipogenic herbal compositions comprising an effective amount of an extract or purified fraction derived from Piper betle and an effective amount of an extract or purified fraction derived from Dolichos biflorus for inhibiting or preventing or ameliorating disease conditions associated with adipogenesis to be novel. TKDL submitted its prior art evidences stating the use of Piper betle and Dolichos biflorus for the treatment of Obesity and Urinary disorders (associated with adipogenesis). Based on the TKDL evidences and Examiner’s report the Applicant amended the claims specifying that the claimed composition comprises between 33% and 67% Piper betle.