EP2155222

Ref: Examiner(s) Comments in the Examination Report Dated: 27.03.2014 on TKDL Submission Dated: 18.06.2010 in the context of Patent Application No. 08715639.4 (EP2155222) at EPO


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 Trigonella foenum-graecum (Methi) for the treatment of Gastric ulcer , Intestinal Ulcer, Inflammation, asthma, pharyngitis, acne and wart from the books namely Al-Qaanoon-fil-Tibb , Vol. II by Abu Ali Ibn Sina, (Unani, Exhibit 1), Kitaab-al-Haawi-fil-Tibb, Vol. III by Abu Bakr Mohd.Bin Zakariya Razi, (Unani, Exhibit 2), Kitaab-al-Haawi-fil-Tibb, Vol.XXI, by Abu Bakr Mohd.Bin Zakariya Razi, (Unani, Exhibit 3), Kitaab-al-Haawi-fil-Tibb, Vol.XX, by Abu Bakr Mohd.Bin Zakariya Razi, (Unani, Exhibit 4), Rasatantrasarah Evam Siddhaprayogasamgrahah, part II, (Ayurveda, Exhibit 5), Athmarakshaamirtham by Kandasamy Mudaliar, (Siddha, Exhibit 6) and Agathiar vaithiam 600 by Agasthiyar, (Siddha, Exhibit 7).

2. Relevant Extract of EPO Examination report

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

“Inventive step

Furthermore, the use of fenugreek seeds in traditional medicine is known for centuries, as pointed out by the third party in the letter of 28 May 2010. Depending on the use, any of these documents can be considered as closest prior art.”

Full examination report can be referred at EP2155222_2.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 BIOTEK HOLDING APS V/ Denmark amended the claims on 24.05.2012, pursuant to which the examination is in progress.