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 Camellia sinensis (tea) and Curcuma longa (Turmeric) for the treatment of Bronchial asthma, Inflammation, Psoriasis and Rheumatism and as Anti-Inflammatory agents from the books – Khazaain-al-Advia by Mohd Najmul Ghani Khan (Unani, Exhibit 1), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 2), Khazaain-al-Advia, Vol II by Mohd Najmul Ghani Khan (Unani, Exhibit 3), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 4), Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 5), Astanga Samgraha by Vagbhata (Ayurveda, Exhibit 6), Anandakandah by Manthana Bhairava (Ayurveda, Exhibit 7), Rasayoga Sagara (Ayurveda, Exhibit 8) and Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 9).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 4 & 6 are reproduced below.

“The third-party observation received on 30.06.10 pursuant to Art. 115 EPC; in particular documents

D10 Exhibit 1 – formulation AN2/324

D11 Exhibit 2 – formulation BA3/1083A

call into question the patentability of the subject-matter claimed for the reasons given below. Thus, documents D10-11 will be taken into account in the proceedings (Guid. E-V, 3) and the numbering will be adhered to in the rest of the procedure.

The use of therapeutic compositions comprising a theaflavin, for ex, in the form of a black tea extract, alone or in combination with a further (antiinflammatory) agent for treating inflammatory diseases such as e.g. arthritis is already known from D10 (par.1, 2, 4), D11 (1, 2, 7).”

Full examination report can be referred at EP1883416.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the examination is under process and reply is still awaited from the Applicant Wellgen, Inc / US.