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 Rosmarinus officinalis (rosemary) and Humulus lupulus (Hops) for the treatment of Bronchial asthma and used as Anti-inflammatory from the books – Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 1), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 2) and Astanga Hradaya by Vagabhata (Ayurveda, Exhibit 3).

2. Relevant Extract of EPO Examination report

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

“Following documents are cited by the Examiner (documents that were brought to attention by a third party) (see Guidelines C-IV, 7.2 and 7.3 for citation of further documents in examination). Copies of the documents are annexed to the communication and the numbering will be adhered to in the rest of the procedure:

D4: XP55103490

D5: XP55103482

D6: XP55103514

THIRD PARTY OBSERVATIONS (Art. 115 EPC)

Two references from the Traditional Knowledge Digital Library (TKDL) disclose that Rosmarinus officinalis Linn (Rosemary) had been known for centuries in the treatment of bronchial asthma, used as anti-inflammatory, and as a medicament for the treatment of chronic inflammation (see D4 and D5).”

Full examination report can be referred at EP1558271.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 Metaproteomics, LLC/ US, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 10.10.2014 and closed on 09.01.2015.