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 Sorghum vulgare (Sorghum) for the treatment of Freckle and Mothers mark/naevus and to promote the colour of the face from the books – Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 1) and Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 2).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below.

“In addition, third party observations received on 29 July 2011 under art.115 EPC, made on the basis of documents

D6 “Tila Bara-e-Wa Kalaf Ghas” TKDL, January 1, 1921,
XPoo3029008

D7 “Tila Bara-e-Rang Fioo” TKDL, January 1, 1921, XPoo3029009
are likely to question the patentability of the claimed subject matter.
       These documents are introduced into the procedure (cf. EV. 3 Guidelines) and the sequence numbers assigned to them will be used throughout this procedure.
The formulations disclosed in D6 and D7 include an excerpt from Sorghum vulgare, water and an oily base. The extract in question is necessarily insoluble in either the aqueous and oil phases and anticipates at least the object of claims 1 to 10, 12 and 13.”

Full examination report can be referred at EP2173319.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 Yves Saint-Laurent Parfums / France.