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 Aloe barbadensis (Aloe vera) for the treatment of Obesity from the books – Bayaaz-e-Kabir, Vol. II by Mohammad Kabiruddin (unani, exhibit:1), Rasendracintamanaih by Dundukanatha (Ayurveda, exhibit:2), Rasatantrasarah Evam Siddhaprayogasamgrahah;- part I by Krishan Gopal (Ayurveda,exhibit:3), Rasayoga Sagara - Compiled and Translated by Vaidya Pandita Hariprapanna (Ayurveda,exhibit 4 & 5), Rasendra khandam by Rasaratnakarah (Ayurveda, exhibit:6) and Rasakamadhenu Samhita by Cudamani(Ayurveda,exhibit:7).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 8 are reproduced below.

“Exhibits 1-7 from the Traditional Knowledge Digital Library/ TKDL have been provided by Third Party under Art. 115 EPC. These citations refer to oral formulations comprising Aloe vera extracts for the treatment of obesity. They are considered novelty-destroying for the subject-matter of claims 2-3, 6-7 for the same reasons as outlined under item 7. (Art. 54(1) and (2) EPC).”

Full examination report can be referred at EP1927361.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 MORINAGA MILK INDUSTRY CO., LTD / JAPAN.