TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Matricaria chamomilla (German chamomile ) for the treatment of Cancer, Diabetes mellitus, Arthritis, Acne vulgaris, Eczema and for wound healing from the books – Kitaab-al-U'mdah-fil-Jeraahat, Part II by Aminuddaula Abul Farj Ibn Al-Quff Maseehi (Unani, exhibit 1, 2 & 3), Kitaab-al-Haawi-fil-Tibb,Vol.III by Abu Bakr Mohd.Bin Zakariya Razi (Unani, exhibit 4), Kaamil-al-Senaa'h, Part II by Ali Ibn Abbas Majoosi (Unani, exhibit 5), Quaraabaadeen Azam wa Akmal by .Mohd. Akmal Khan (Unani, exhibit 6), Quaraabaadeen Najm-al-Ghani by Mohd. Najmul Ghani Khan (Unani, exhibit 7), Evam Siddhaprayogasamgrahah;- part I by Rasatantrasarah (Ayurveda, exhibit 8), Khazaain-al-Advia, Vol. I by Mohd. Najmul Ghani Khan (Unani, exhibit 9), Quaraabaadeen Azam wa Akmal by Mohd. Akmal Khan (Unani, exhibit 10) and Ikseer Azam, Vol. IV by Mohd. Azam Khan (Unani, exhibit 11). Examination took cognizance of TKDL references.
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 & 3 are reproduced below:
“Observations by a third party have been presented with the letter dated 19/04/10 and have duly been taken into account by the Examining Division.
The documents ‘Exhibits 1 to 11’ filed by the third party are considered relevant for the assessment of novelty and inventive step (Guidelines E-vi,3)
Documents ‘Exhibits 1 to 11’ filed by a third party:
Exhibits 1 to 11 disclose that German chamomile from which chamaemeloside is derived has already been used alone or in combination with other ingredients for the treatment of wound healing, cancer, diabetes mellitus, arthritis, acne vulgaris and eczema through local/oral administration.
The subject-matter of the present application is thus not novel in the light of Exhibits 1 to 11(see items 3.1 and 3.3 of this communication).”
Full examination report can be referred at EP2033650.pdf
As the outcome of TKDL third party and other documents cited in examination report Applicant M/s ARKRAY INC, 57 Nishiaketa-cho Higashikujo Minami-ku Kyoto-shi, Kyoto 601-8045 / Japan, decided not to reply to communication from the Examining Division of his 4.5 years old application filed on 19.06.2007. Application was deemed to be withdrawn on 18.01.2012 and closed on 27.04.2012.