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 Zingiber zerumbet (Shampoo Ginger) for the treatment of inflammation and Asthma from the books – Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 1), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 2, 3, 4 & 5).

2. Relevant extract of EPO Examination Report

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

“ “A Third Party Observation under Article 115 EPC was issued on 18.08.2011.

The following comments were made with respect to it.

Exhibits 2-5 refer to the use of formulations containing Zingiber zerumbet along with few other ingredients for the treatment of bronchial asthma. As bronchial asthma often occurs concomitantly with allergic rhinitis and as Exhibits 2-4 refer to liquid preparations and water extracts of the root of Zingiber zerumbet(L.) Smith, it seems that the only difference of the subject-matter of claim 1 in comparison to Exhibits 2-4 is the feature”…as the only active ingredient…” as presently claimed.

However, preassuming that the ingredients described in Exhibits 2-4 all have the same therapeutic activity (i.e. anti-bronchial asthmatic), it is not surprising that also one single component taken out of them again has the same medical efficacy. Therefore, the subject-matter of claim 1 concerning at least the use of water extracts from the root of Zingiber zerumbet(L.) Smith for the manufacturing of a nutraceutical formulation for treating an allergic rhinitis is not regarded as being inventive in the sense of Article 56 EPC.

The Applicant is asked to provide carefully adapted pages of the description (Rule 42 (1) EPC. In addition, at least the brief content of the background art of D6 (US2002/0128273) and of Exhibit 2 should be included in the description at the same time.”

Full examination report can be referred at  EP1781235.pdf

3. Outcome of Third Party Observation and Examination Report

As the outcome of TKDL third party and other documents cited in examination report Applicant WHOLESOME LIFE SCIENCE CO LTD / Taiwan amended the description on 03.06.2013.