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 Prunus domestica (European plum ), Vitis vinifera(wine grape), Astragalus gummifer, Camellia sinensis(tea) and Acacia catechu(cutch tree) for the treatment of Cystitis by Adenovirus & parainfluenza virus, bronchitis by Influenza A & B virus & Adenovirus, Herpes corneae by Herpes simplex virus I, Conjunctivitis by Adenovirus, Influenza by Influenza A & B virus, Chicken Pox by varicella-zoster virus, Pneumonia by Adenovirus and as an Anti-inflammatory from the books – Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1, 3 & 4), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 2 & 12), Basavarajiyam by Basavaraja (Ayurveda, Exhibit 5), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 6), Chikithsa Rathna Deepam by Kannusamy Pillai (Siddha, Exhibit 7), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 8), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia,Vol.IV by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 9 & 10), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 11), Rasatantrasarah Evam Siddhaprayogasamgrahah;- part II (Ayurveda, Exhibit 13), Siddhabhesajama´imalah by Krsnarama Bhatta (Ayurveda, Exhibit 14).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below.

“Novelty and Inventive Step – A.54/56 EPC

In the first instance the attention of the applicant is drawn to the third party observations of 22.12.2010. The observations concern the disclosure of traditional knowledge formulations falling within the terms of the claimed subject matter, particularly claims 16 through 25.”

Full examination report can be referred at EP1572219.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the Applicant M/s Phenolics, LLC / US amended the claims on 23.09.2013 & application was deemed to be withdrawn on 02.04.2015 and closed on 02.07.2015.