1. Third Party Observations under article 115 of EPC
TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Baliospermum montanum (Danti), Jatropha glandulifera, Acalypha indica, Cicca acida, Mallotus philippensis (Kamala tree), Securinega leucopyrus, Croton tiglium, Phyllanthus emblica (aamla), Euphorbia hirta & Euphorbia tirucalli as Anti-inflammatory, Anti dermal-diseases/ Anti-leprotic, Cardio-tonic, Immuno potentiators/Anti ageing/Anti oxidant and for the treatment of Bronchial asthma, Syphilis, Dysentery/Gastroenterocolitis, Oedema/Inflammation, Rhumatism, Tuberculosis, Diseases of skin and Cancer/Carcinoma from the books – Kaiyadevanighantau - (Pathyapathyavibodhakah) by Kaiyadeva (Ayurveda, Exhibit 1), Muheet-e-Azam Vol. IV (Part I) by Mohammad Azam Khan (Unani, Exhibit 2), Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Yugi Munivar Vaithiya Chinthamani by Yugi (Siddha, Exhibit 4), Miftaah-al-Khazaain by Mohammad Najmul Ghani Khan (Unani, Exhibit 5), Yogatrangini by Trimalla Bhatta (Ayurveda, Exhibit 6), Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 7), Anuboga Vaithiya Navaneetham by Abdulla Sahib (Siddha, Exhibit 8, 9 & 12), Chikithsa Rathna Deepam by Kannusamy Pillai (Siddha, Exhibit 10), Bramamuni karukkadai by Bramamuni (Siddha, Exhibit 11) and Rajanighantauh by Pandita Narahari (Ayurveda, Exhibit 13).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 & 3 are reproduced below.
“D7 ‘Danti Dravanti Guna’
TKDL, 1 January 1979 (1979-01-01), XP003028005, Exhibit 1
D8 ‘Kuppi’
TKDL, 1 January 1899 (1899-01-01), XP003028006, Exhibit 2
D9 ‘Harpa-rewadi’
TKDL, 1 January 1926 (1926-01-01), XP003028007, Exhibit 3
D10 ‘Sankara Kiranikku Kudineer’
TKDL, XP003028008, Exhibit 4
D11 ‘Tadbeer-e- Hab-ul- Mulook’
TKDL, 1 January 1930 (1930-01-01), XP003028009, Exhibit 5
D12 ‘Patoladi Curna’
TKDL, 1 January 2003 (2003-01-01), XP003028010, Exhibit 6
D13 ‘Vathakaduppukku Vethu’
TKDL, 1 January 1879 (1879-01-01), XP003028011, Exhibit 7
D14 ‘Thalaka Mezhugu-3’
TKDL, 1 January 1975 (1975-01-01), XP003028012, Exhibit 8
D15 ‘Velli Mezhugu’
TKDL, 1 January 1975 (1975-01-01), XP003028013, Exhibit 9
D16 ‘Paranghi Choornam’
TKDL, 1 January 1956 (1956-01-01), XP003028014, Exhibit 10
D17 ‘Vathathirku Ennai’
TKDL, XP003028015, Exhibit 11
D18 ‘Linga Chenduram-20’
TKDL, 1 January 1975 (1975-01-01), XP003028016, Exhibit 12
D19 ‘Dravanti Guna’
TKDL, 1 January 1998 (1998-01-01), XP003028017, Exhibit 13
D7-D19 were cited by third parties.
Article 115 EPC
Third–party observations were received on 10.05.2011 pursuant to Article 115 EPC. These observations call into question the patentability of the subject-matter claimed for the reasons given below (see point 3.2). Thus, documents D7-D19 will be taken into account in the proceedings (Guidelines E-V, 3) and the numbering will be adhered to in the rest of the procedure.
D7-D19 disclose various plants of the Euphorbiaceae family known to comprise the claimed compounds for the treatment of asthma, syphilis, inflammation, cancer, etc… These documents are considered novelty destroying over the subject-matter of claim 12 which refers to a composition comprising the claimed compounds and a pharmaceutically or cosmetically acceptable carrier.”
Full examination report can be referred at EP1296698.pdf
3. Outcomes of Third Party Observations & Examination Report.
As the outcome of TKDL third party and other documents cited in examination report, Applicant M/s Peplin Research Pty Ltd/ AUSTRALIA, did not reply to communication from the Examining Division as a result of which the Application was first deemed to be withdrawn on 15.10.2013 and later applicant amended the claims on 18-Dec-2013. |