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 capsicum annuum, Boswellia serrata (shallaki) and Aesculus hippocastanum for the treatment of musculoskeletal disorders from the books – Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 1, 2 & 3), Rasatantrasarah Evam Siddhaprayogasamgrahah;- part II (Ayurveda, Exhibit 4), Rasatantrasarah Evam Siddhaprayogasamgrahah;- part I (Ayurveda, Exhibit 5), Muheet-e-Azam Vol. I by Mohammad Azam Khan (Unani, Exhibit 6) and Kitaab-al-Haawi-fil-Tibb by Abu Bakr Mohammad.Bin Zakariyya Al-Razi Vol.XI (Unani, Exhibit 7).

2. Relevant Extract of EPO Examination report

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

“Furthermore, there are several references where Boswellia Serrata and Aesculus hippocastanum have been used for the treatment of osteoarthritis, inflammation of joints or as an anti-inflammatory agent through the local application in the Indian systems of medicine since long, as is evident from Exhibits 1 to 3 cited by Third Party under Article 115 EPC, namely:

Exhibit 1 (RS21/356A) already shows a therapeutic composition comprising Boswellia serrata (formulated as paste for local application) for use in the treatment of osteoarthritis.

Exhibit 2 (RS22/1127) refers to a formulation containing Boswellia Serrata along with few other ingredients useful in the treatment of inflammation through local application.

Exhibit 3 (MH3/495P) relates to a formulation containing Aesculus hippocastanum as single ingredient used as anti-inflammatory agent through local application.

Hence, to sum up, each of the components a, b, c of the topical composition of claim 1 was already known in the prior art as being useful for treating osteoarthritis or related articular pathologies.”

Full examination report can be referred at EP2149378.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 Velleja Research SRL / Italy.