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 Vitis vinifera (Wine Grape) as Strength promoting agent, Immuno potentiators/Anti ageing/Anti oxidant, Nutrient, agent for Removing tiredness, General tonic and for the treatment of Fatigue from the books namely Dhanvantarinighantauh by Mahendra Bhaugika (Ayurveda, Exhibit 1), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 2), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 3), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 4), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 5), Yogaratnakarah (Ayurveda, Exhibit 6), Nighanturatnakarah (Ayurveda, Exhibit 7),  Al-Qaanoon-fil-Tibb by Abu Ali Ibn-e-Sina (Unani, Exhibit 8), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 9), Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 10) and Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia (Unani, Exhibit 11).

2. Relevant extract of EPO Examination Report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 6 are reproduced below:

“Third Party Observation  Art. 115 EPC

The Third Party Observation of 1st June 2010 by V.K.Gupta has been taken into account. At present, however, the so far cited documents, viz. D4 and D9, appear to be more relevant to object on Novelty and Inventive Step. In order to be able to consider the teachings as a clear and unambiguous disclosure with regard to the now claimed muscle strength, a more detailed description thereof might be needed. The Applicant (cf. letter of 22nd July 2010) argues that “strength promoting” according to the understanding of the documents cited in the TKDL this effect is to be defined as to be one of overcoming weakness/fatigue or providing stamina rather than one of  providing an increase in muscle strength in terms of muscle size. In support of this, the Applicant submitted short description of Ayurveda, Unani and Siddha. However, an indication is missing where exactly this information/interpretation can be found in the submitted documents. Hence very generally the strength promoting effect has to be considered to encompass promoting of muscle strength as well at present.”

Full examination report can be referred at EP1993522.pdf

3. Outcome of  Third Party Observation and Examination Report

As the outcome of TKDL third party and other documents cited in examination report, Applicant M/s Kao Corporation / Japan, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 21.02.2014 and closed on 23.05.2014.