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 are reproduced below.

“Novelty (Art. 54 EPC)

The Applicant tries by the reformulation into a "pseudo-medical-use" format to overcome the novelty objection raised by the ED following the Third Party Observation. However, neither is the new claim set allowable under the provisions of Art.84 EPC nor does it overcome the novelty objection. In fact, the claims are still related to the use of kappa-casein per se.”

Full examination report can be referred at EP1941899-II.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.