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 Cow milk and butter milk (source of k-casein) for the treatment of Diabetes mellitus from the books – Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1), Therayar Venba by Therayar (Siddha, Exhibit 2), Therayar Kudineer by Therayar (Siddha, Exhibit 3 & 4), Kannusamiyam by Kannusamy Pillai (Siddha, Exhibit 5) and Rasatantrasarah Evam Siddhaprayogasamgrahah (Ayurveda, Exhibit 6)

2. Relevant extract of EPO Examination Report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1, 2 & 3 are reproduced below.

“Third Party Observations (Rule 114(2) EPC)

A third party (TP) observation was transmitted to the applicant on 09-02-2012. The Applicant has not commented on this observation.

Novelty (Art.54 EPC)

The ED has analyzed zje third party observations. According to the observation, the present set of amended claims lack novelty (Art.54 EPC) in view of the documents Khan et al (TP-1), Therayar (TP-2; Palitham), Therayar (TP-3; Neerazhivu Kudineer 2), Therayar (TP-4; Neerazhivu Kudineer 4), Kannusamy (TP-5) and Rasantantrasarah (TP-6). All documents have been delivered to the applicant with letter dated 09-02-2012.
The ED intends to follow the TP observation that the present set of claims is not novel in view of documents TP-1 to TP6 (See page 2 of the Third party observation)

At present, it does not appear to be possible to overcome the raised objections by further amendments. Refusal of the application under Article 97 (2) EPC is therefore to be expected.”

Full examination report can be referred at EP1941899.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 MORINAGA MILK INDUSTRY CO., LTD?./ Japan decided to amend the claims on 24.01.2013.