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 Allium sativum (garlic) for the treatment of Dental Caries, Insect bite and as Anti-inflammatory from the books – Kitaab-al-Haawi-fil-Tibb , Vol.XX by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 1), Kitaab-al-Haawi-fil-Tibb,Vol.III by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 2), Al-Qaanoon-fil-Tibb, Vol. II by Abu Ali Ibn-e-Sina (Unani, Exhibit 3), Muheet-e-Azam Vol. III by Mohammad Azam Khan (Unani, Exhibit 4) and Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 5).

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.

“III. Third Party Observation           Article 115 EPC

A Third Party observation has been received on 27th December 2011 (letter of 15th Dec. 2011) which makes reference to five documents, whereby Exhibits 3-5 appear to relate to the presently claimed subject-matter. The Third Party considers these documents novelty and inventive step destroying.”

Full examination report can be referred at EP1901701.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report Applicant M/s Ott, David M/ US, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 15.05.2014 and closed on 14.08.2014.