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 Syzygium cuminii (Jambu), Cinnamomum wightii and Salacia oblonga (Bittersweet) for the treatment of Diabetes mellitus from the books – Vaithya Chinthamani by Yugi, (Siddha, Exhibit 1), Vaithya Chinthamani by Yugi, (Siddha, Exhibit 2) and Athmarakshaamirtham by Kandasamy Mudaliar, (Siddha, Exhibit 3).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Examination took cognizance of TKDL references. Extract of examination report at Para 4 are reproduced below:

“Documents considered to be relevant:
D6  Mega Noikku Legyam, TKDL, GP02/658:
       TKDL
       ,1800, XP002615047,
       Retrieved from the Internet:
       URL:http://www.tkdl.res.in/tkdl/LangDefault/common/
       TKDL_AdvanceQueryData.asp?GL=Eng
        (retrieved on 2010-12-22)

D7   Meganoikku Kudineer, TKDL, GP02/666:
        TKDL
        ,1800, XP002615048,
        Retrieved from the Internet:
        URL: http://www.tkdl.res.in/tkdl/LangDefault/common/
        TKDL_AdvanceQueryData.asp?GL=Eng
        (retrieved on 2010-12-22)

D8   Neerizhiuvu Noikku Kudineer, TKDL, AM05/1644:
        ,1800, XP002615049,
        Retrieved from the Internet:
        URL: http://www.tkdl.res.in/tkdl/LangDefault/common/
        TKDL_AdvanceQueryData.asp?GL=Eng
        (retrieved on 2010-12-22)

Third party observations according to Article 115 EPC have been received by the EPO and forwarded to the applicant in June 2010. These observation are considered very relevant since they cite novelty anticipating prior art documents D6, D7 and D8. Each of these references discloses compositions comprising all three of the presently specified components for use in the treatment of diabetes. Thus, the present set of claims is not considered novel over these references, (Article 54(2) EPC).”

Full examination report can be referred at EP2152284.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report Applicant M/s AVESTHAGEN LTD, India, decided not to pay the renewal fee of his 4 years 6 months old application filed on 29.06.2007, which he did pay for 4 years 6 months. Application was deemed to be withdrawn on 03.01.2012.