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 Milk, Butter milk and Whey for the treatment of Cancer, Pyrexia associated with Headache, Loss of Appetite, Acute diarrhoea, Removing tiredness and General weakness, Dry cough, Symptoms due to supression of natural urge of sleep, Cancer of Stomach and uterus, Arthritis, Pain in Chest and Vomiting from the books – Kitaab-al-Haawi-fil-Tibb by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 1), Ikseer Azam by Mohammad Azam Khan (Unani, Exhibit 2), Cakradattah by Cakrapanidattah (Ayurveda, Exhibit 3 & 6), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 4), Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 5, 7, 10 & 11), Muheet-e-Azam by Mohammad Azam Khan (Unani, Exhibit 8: pg. no. 19-20), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 9: pg. no. 21-22) and Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani).

2. Relevant Extract of EPO Examination report

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

“The third party observations filed on 09-02-2012 under Article 115 EPC show that various milk products comprising both milk protein and lactose (e.g. buttermilk, human milk, milk) are known as being effective for treating e.g. cancer, arthritis, cough, fever etc. Whilst the presence of lactosylated proteins is not specifically disclosed in the submitted documents, it is apparent in view of the above explanations that said products contain at least minor amounts of such lactosylated proteins”

Full examination report can be referred at EP1955602.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 Nestec S.A. / Switzerland.