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 Triticum aestivum Linn (Common Wheat) for proper purification of bowels and for the treatment of Constipation, Acute diarrhoea, Diarrhoea, Polyuria / Diabetes insipidus and Diabetes mellitus from the books – Brihat Nighantau Ratnakara, Vol.-1 (Part II), Compiled by Gangavishnu Srikrisna Dasa ,Translated by Sri Dattarama Srikrsnalala Mathura (Ayurveda, Exhibit 1), Gadanigrahah by Sodhala (Ayurveda, Exhibit 2), Rasatantrasarah Evam Siddhaprayogasamgrahah - part I (Ayurveda, Exhibit 3), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 4), Bayaaz-e-Kabir, Vol. II by Mohammad Kabiruddin (Unani, Exhibit 5).
2. Relevant extract of EPO Examination Report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:
“Documents considered to be relevant
“Polikah / Pramthe”,
TKDL,,
1 January 1995 (1995-01-01), XP003027536,
* the whole document*
“Gulme Pathya Apathye”,
TKDL,,
1 January 1999 (1999-01-01), XP003027537,
* the whole document*
“Himgula Vati”,
TKDL,,
1 January 1990 (1990-01-01), XP003027538,
* the whole document*
“Khubz Bara-e- Ishaal”,
TKDL,,
1 January 1909 (1909-01-01), XP003027539,
* the whole document*
“Sufoof-e- Zayabeetus”,
TKDL,,
1 January 1938 (1938-01-01), XP003027540,
* the whole document*
All these documents are relevant to claims 1-37”
Full examination report can be referred at EP1833291.pdf
3. Outcome of Third Party Observation and Examination Report
As the outcome of TKDL third party and other documents cited in examination report, the Applicant Commonwealth Scientific and Industrial Research Organisation/ Australia decided to amend the claims on 30.01.2013. The examination of the application is under progress. |