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 Taxus baccata (taxus) for the treatment of cancer of cheeks, penis, vagina, vulva and breast from the books – Anuboga Vaithiya Navaneetham by Abdulla Sahib (Siddha, Exhibit 1), Bogar 700 by Bogar (Siddha, Exhibit 2) and Pulippani vaithiyam 500 by Pulippani (Siddha, Exhibit 3 & 4).

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.

“A third partie’s observation letter under Art.115 EPC has been filed with letter of 24/09/2010 disputing novelty and inventive step of the present application with reference to the application EP2227247 allegedly anticipating the teaching of the present application. The Examining Division considers the teaching of this document identical to that of the present application and expects the Applicant to raise his comments hereto.”

Full examination report can be referred at EP2227247.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 Unhwa Corporation / South Korea, decided not to pay the renewal fee of his 4 years old application filed on 10.10.2008, which he did pay for 4 years. Application was withdrawn by the applicant on 20.09.2012 and Official notification of EPO on this case is 07.06.2013