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 Myristica fragrans (Jatiphal) for the treatment of Freckle, Chloasma/Melasma/Melanoderma, Skin Marks, Mothers mark/Naevus and as Rubefacient and Complexion enhancer from the books –Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 1), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 2 & 4), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 3 & 5), Khazaain-al-Advia, Vol I by Mohammad Najmul Ghani Khan (Unani, Exhibit 6), Al-Qaanoon-fil-Tibb, Vol. II by Abu Ali Ibn-e-Sina (Unani, Exhibit 7) and Gadanigrahah by Sodhala (Ayurveda, Exhibit 8).

2. Relevant Extract of USPTO Examination Report

USPTO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:
“Claim 9 is rejected under 35 U.S.C. 103 (a) as being unpatentable over Bhavamisra; Bhavaprakasa - Edited & translated by Brahmasankara Misra, Part-II : Chaukhamba Sanskrit Sansthan, Varanasi, Edn. 7th, 2000. [Time of origin 16th century], Pg 589
Formulation Id: RG/2838A; Formulation Name: Jatiphalalepah; Publication (Prior art):Pg No.03; English Translation including Terminology Conversion (TKDL Extracts): Pg No.04-05- cited on IDS in view of Hwang et al.
    The formulation Jatiphalalepah is a therapeutic single compound formulation consisting of the useful parts of the nutmeg tree Myristica fragrans Houtt, wherein the ingredients are made into a fine powder and mixed with liquid to form a paste. The paste is locally applied, such as to the face, for the treatment of Freckles and Chloasma/Melasma/Melanoderma (i.e. abnormal darkening of the skin caused by excess melanin).
    It would have been obvious to one of ordinary skill in the art at the time of the invention that in applying the Jatiphalalepah formulation to the face of a person with freckles or chloasma/melasma/melanoderma, melanin production would be inhibited. Increased melanin production is considered to be a mechanism of action for freckles or chloasma/melasma/melanoderma.”

Full examination report can be referred at 20110118346.pdf

3. Outcomes of Third Party Submission & Examination Report

As the outcome of TKDL third party and other documents cited in examination report, the examiner decided to reject the claim 9 on 24.12.2012 under 35 U.S.C 103 (a).