1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:

“Objections:

(i) Claims 1-5 fall within the scope of such clause (p) of section 3 of Indian Patents Act as claimed invention is based on use of traditionally known anti ulcer and anti-gastritis property of Momordica extract (as disclosed in the cited documents).

Subject matter of the claims does not constitute an invention u/s 2(1) (j) as the claims lack novelty and inventive step in view of cited documents:

D1: Formulations retrieved from Traditional Knowledge Digital Library-

(i) Form name: Zimaad-e-Tufaaf [formulation ID: WA1/246B] published in Al-Jaam?e-li-Mufradaat-al-Advia-wal-Aghzia, vol. I (13th century AD) Matba Amra, Cairo, Egypt, 1874 AD, page 139 refers to a therapeutic formulation containing Momordica dioca which is useful in the treatment of gastritis and hot swelling.

(ii) Form name: Karavellika Kvatha [formulation ID: AK11/1657E] published in Vangasena- commentator Shaligram Vaisya, edited Shankar Lalji Jain, Khemraj Shrikrishna Das Prakashan, Bombay, edn 1996, page 422-423 refers to a therapeutic formulation containing Momordica charantia useful in the treatment of duodenal ulcer.

(iii) Form name: Manjistha Guna Karma [formulation ID: VJ/152] published in Priyanighantu- Chaukhamba Surabharti Prakashana, Varanasi, edn. 1st, 2004, page 71 refers to a therapeutic formulation containing Momordica charantia useful in the treatment of various diseases like ulcer.

(iv) Form name: Karvalli Guna [formulation ID: RS8/40] published in Rajanighantauh- edited with hindi commentary by Indradeo Tripathi, Krishnadas Academy, Varanasi, edn. 2nd, 1998, page 55 refers to a formulation containing Momordica charantia which is useful in the treatment of various diseases like non-healing ulcer.

(v) Form name: Vandhyakarkoti Phalam [formulation ID: RS/204] published in Kaiyadevanighantau ?edited and translated by P. V. Sharma and Guru Prasad Sharma, Chaukhamba Orientalia, Varanasi, edn. 1st 1979, page 108-109 refer to a formulation containing Momordica charantia which is useful in the treatment of various diseases like ulcer, wound healing etc.

(vi) Form name: Karavellagunah [formulation ID: RS/5555B] published in Brhat Nighantu Ratnakara (containing reference from 1000 B.C. to 20th century) vol. 4 (part VII), edn. 1997, page 684 refer to a formulation containing Momordica charantia which is useful in the treatment of various diseases like ulcer, wound healing etc.

(vii) Form name: Vrana Ropana Yoga [formulation ID: RG2/761A] published in Gadanigrahah, Part-3, Chaukhamba Sanskrit Sansthan (Varanasi), edn. 3rd, 1999, page 296-297 refer to a formulation containing Momordica charantia which is useful in the treatment of ulcer, wound healing of vital organs.

(viii) Form name: Bandyakarkati Arka Gunah [formulation ID: AK14/108A] published in Arkaprakash- edited and translated by Indradeva Tripathi, Krishnadas Academy, Varanasi, edn. 1st 1995, page 55 refer to a formulation containing Momordica charantia which is useful in the treatment of various diseases like ulcer, wound healing etc.”

Full examination report can be referred at 5208-PELNP-2008.pdf

2. Outcomes of Examination Report

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