2755/MUM/2010


Ref: Examiner(s) Comments in the Examination Report Dated: 05.03.2013 in the context of Patent Application No. 2755/MUM/2010 at CGPDTM


1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:

“Objections:

Reference is made to following documents;

D1; Al-Qaanoon-fil-Tibb , Vol. V (11th Century AD), publication department, Jamia Hamdard, New Delhi 62, 1996 AD prior art ( page 33) , Traditional Knowledge Digital Library (TKDL).

D2; Bherata Bhai ajya Ratnckara complied by Nagnadesa Changale La translated by Goipinath Gupta- Vol 1, B Jain Publishers , New Delhi reprint 1999, [ this book contains back references from 1000 BC to 20th century]; Traditional Knowledge Digital Library (TKDL).

D3; Qaraabaadeen Azam wa Akmal (20th century AD), matba Siddiqi, Delhi, Matba Mustafbhai , Delhi 1909 AD (Page No 506), Traditional Knowledge Digital Library (TKDL)

D4; Cakradatta ?translated by Indradeva tripathi Chaukhambha Sanskrit samsthan Varansai Ed 4th 2002 (page no 164), Traditional Knowledge Digital Library (TKDL).

D5; Rasatantrascra Siddhaprayogasa graha Part II; Krishana Gopal Ayurveda Bhawan ; Edn 8th 1990, [this book contains back refrences from 1000 BC to 20th century] page no 328, Traditional Knowledge Digital Library (TKDL);

D6; Rasatara gi- Kasinathsatri Motilal Banarasidas , Varanasi Ed. 11th 1979 ( reprinted ?delho 2000) Page 597-598, Traditional Knowledge Digital Library (TKDL);

D7; Kitaab-al-0Haawi-fil-Tibb , Vol.XI (9th Centrury AD), Dayerah-al-Maaarif Usmania, Hyderabad ( firse Edtion 1962 AD], POage 243, Traditional Knowledge Digital Library (TKDL).

D8; Vagasena ?Commentator Shaligram Vaisya Edited Shankar Lalij Jain Khemraj Shrikrishna Das Prakashan Bombay Edn 1996, Page 736, Traditional Knowledge Digital Library (TKDL);

Subject-matter claimed in claim 1 is not meeting requirement of section 2 (1) (j) (a) of Patents Act being obvious over documents D1- D8;

Document D1 teaches use of Ajwain for treatment of pain of belly;

Document D2 teaches use of castor oil for treatment of stomach pain;

Document D3 teaches use of Mesua ferreas Linn formulated as oil/ medicated oil for the treatment of pain ;

Document D4 teaches use of neem formulated as oil/ medicated oil for treatment of pain;

Documents D5, D8 teaches use of Eucalyptus, Camphor, Cinnamomum Camphora formulated as oil/ medicated oil for treatment of pain;

Document D6 teaches use of Coconut palm paste for local ointment ( lepa) for treatment of pain;

Document D7 teaches use of Mustrad ( rai) as medicated paste, ointment for treatment of Pain;

Therefore , it is obvious to person having ordinary skill in art to combine teaching from prior art to combine together and arrive at the subject-matter claimed in claim of the instant application, therefore no inventive step may be acknowledged;”

Full examination report can be referred at 2755-MUM-2010.pdf

2. Outcomes of Examination Report

As the outcome of TKDL references and other documents cited in examination report, the Application is Abandoned U/S 21(1).