1. Relevant extract of EPO Examination Report

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

“ART, 54

D1 discloses the use of a composition contaning Acacia Arabica/nillotica for the treatment of pruritus.

D2 discloses the use of a composition contaning Acacia leucophloeaI for the treatment of pruritus.

Art. 56

D1 can be considered as the closest prior art since it also discloses the use of a composition containing Acacia Arabica/nillotica for the treatment of pruritus, from which the subject-matter of the remaining claims differs in that different Acacia species are used.

The problem to be solved by the present invention may therefore be regarded as how to provide an alternative medicament for the treatment of pruritus and itching.

D2 discloses the use of a composition containing Acacia leucophloea for the same purpose.

With letter of 23.08.2012 the applicant argues that both species known form D1 and D2 for their antipruritic effects belong to the subgenus Acacia, whereas the five claimed species belong to the subgenus Phyllodineae.

As a next step a grant is to be expected. To meet the requirements of Rule 42(1) (b) EPC, the documents D1-D5 should be identified in the description and the relevant background art disclosed therein should be briefly discussed.”

Full examination report can be referred at EP2052731.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant M/s Mimozax Co., Ltd. / Japan amended the description on 17.06.2014.