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 Citrus limon (lemon), Allium cepa (onion) and Salix alba (white willow) for the treatment of alopecia, seborrhoea, pityriasis capitis/furunculosis or boils on scalp, acne vulgaris, wart and used as hair growing agent, anti wrinkle from the books – Al-Jaame'-li-Mufradaat-al-Advia-wal-Aghzia, Vol. II by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 1), Kaamil-al-Senaa'h, Part II by Ali Ibn Abbas Majoosi (Unani, Exhibit 2), Al-Jaame'-li-Mufradaat-al-Advia-wal-Aghzia, Vol. I by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 3), Al-Jaame'-li-Mufradaat-al-Advia-wal-Aghzia, Vol. III by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 4), Muheet Azam, Vol. III by Mohd. Azam Khan (Unani, Exhibit 5), Khazaain-al-Advia, Vol III by Mohd. Najmul Ghani Khan (Unani, Exhibit 6), Rasaratnasamuccayah by Vagbhattah (Ayurveda, Exhibit 7), Kitaab-al-Haawi-fil-Tibb, Vol.XX by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 8) and Aryabhisaka by Smkaradjisastripade (Ayurveda, Exhibit 9).

2. Relevant extract of EPO Examination Report

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

“ED noted the comments made by a third party (Art. 115 EPC) and studied.
For the rest of the procedure, the document “Exhibit 1” is the third numbered D17. All disclosures contained herein prior to the priority date of this application and are thus part of the prior art under Art.54 (2) EPC.
This paper confirms the teachings of the prior art D1-D11 D14 cited since in PIPER also describes properties of the extracts of Citrus, and Allium Salix Alba PIPER described in this regard and helps to strengthen the objection PIPER inventive activity.

D17: document cited by a third party under Art.115 EPC.

Allium, including allium cepa, and citrus, especially lemon citrus, both alone or in combination with other elements.
Examples claims; D17: hair growth, hair loss, canities, acne, dermatitis, leprosy, seborrhea, boils, pityriasis, ringworm, pages 7, 9, 11, 13, 15, 17, 20, 24)
Salix-including zinc and salix alba
D17 wart, herpes, pages 22).

The skilled artisan confronted with the problem stated above and knowing the art previous D1-D17 prepare logically a composition comprising ingredients that treat these conditions and these cosmetic problems.
Thus the object of claims 1 to 13 is the result of the combination of teachings of D1-D17 and does not involve an inventive step.
In addition, ED notes that the application provides no evidence of an effect on all affected skin, the scalp or skin appendages, all on with nails, on the films. There is no evidence in the record that the state composition of claim 1 can process all the pathologies which are not described in D1-D17. So for these aspects, there is doubt serious the problem is resolved. Another reason for this, the purpose of claims 1-17 does not involve an inventive step.”

Full examination report can be referred at EP2134316.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 Legacy Healthcare Holding Ltd./ Malta decided to amend the claims on 22.01.2013.