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 Physalis minima, Plumbago indica (leadwort) and Curcuma zedoaria for proper purification of bowels and for the treatment of ring worm, non-lepromatous leprosy, psoriasis, dry & weeping eczema, Leprosy and other dermatoses, pityriasis, itching and as Complexion promoting, Lusture promoting, Anti wrinkle, Immuno potentiators/Anti ageing/Anti oxidant, Anti dermal-diseases/Anti-leprotic from the books – Brhat Nighantu Ratnakara (Saligramanighantubhusanam) (Ayurveda, Exhibit 01); Rasarnavama- Commentary by Indradeo Tripathi(Ayurveda, Exhibit 02); Pulippani Vaithyam - 500 by Pulippani (Siddha, Exhibit 03=); Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 04=); Bhela Samhita by Bhela (Ayurveda, Exhibit 05); Siddaprayogalatika by Acharya Gulraj Sharma Mishra (Ayurveda, Exhibit 06) and Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 07).

2. Relevant Extract of EPO Examination report

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

“An identified third party has filed substantiated observations under Art. 115 EPC.

     The documents have been transmitted to the Applicant. For the rest of the procedure each of the 7 exhibits cited by said third party will be number E 1-E7.

     According to said exhibits, extracts of plumbago indica as defined in claim 1 have been used for centuries as antiageing agent. (E2), i.e. for the treatment of fines and wrinkles, for rejuvenating and revitalizing skin, etc… Thus the subject matter of claims 1-6 is neither new, nor inventive (Art. 54 and 56 EPC).

     One can expect the same properties of mixture of plumbago indica and the other extracts defined in claim 1. As a result, the subject matter of embodiments covering combinations of plumbago indica and the other 5 plants also do not involve an inventive step (Art. 56 EPC). In that respect, E3 discloses the use of extracts of curcuma zedoaria which have a similar chemical content as curcuma xanthorrhiza extracts (sesquiterpenes/curcuminoides). Extracts of curcuma zedoaria have been used for promoting complexion (E3). One can expect the same properties for curcuma zedoaria. Thus in view of E3, the embodiments directed to combination of plumbago indica and curcuma do not involve an inventive step.”

Full examination report can be referred at EP1827362_new1.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 Avon Products, Inc./ US decided to amend the claims on 16.02.2015.