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 Acacia catechu, Areca catechu and Acacia polyacantha (sources of catechin), Allium sativum, Allium cepa, Musa paradisiaca and Saussurea lappa (sources of inulin), Allium sativum and Allium cepa (sources of fructooligosaccharide ), Cinnamomum zeylanicum, Cinnamomum tamala, Cinnamomum cassia, Prunus dulcis (source of arginine), Laurus nobilis (Sweet bay), Myristica fragrans (Nutmeg tree )and Syzygium aromaticum (clove) for the treatment of Diabetes mellitus, Cerebral Anaemia/Cerebrasthenia, Weakness of heart, Blindness, Hypertension, Diseases of heart, Oedema / Inflammation, Urinary disorders / Polyuria and Obesity from the books – Agathiyar Vaithya Rathina Churukkam by Agasthiyar (Siddha,Exhibit 1), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 2), Aavialikkum Amuthamurai Churukkam (Athmarakshaamirtha Vaithiya saarasangiraham) by Kandasamy Mudaliar (Siddha,Exhibit 3), Agathiyar Vaithyam- 600 by Agasthiyar (Siddha, Exhibit 4), Anuboga Vaithya Navaneetham, Part - 9 by Abdulla Sahib (Siddha, Exhibit 5), Rasayoga Sagara (Ayurveda, Exhibit 6), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 7 & 8), Asava Vijnan by Swami Harisaranananda Vaidya (Ayurveda, Exhibit 9) and Qaraabaadeen Qaadri by Mohammad Akbar Arzanic (Unani, Exhibit 10).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 6 are reproduced below:

“Third Party’s observations : the documents and arguments submitted on 16.05.2014 do not appear more relevant than those on file. In any case, they disclose neither the fat/protein ratio nor the touchi extract required by the present claims. They might however have to be considered for some of the ingredients listed under (e) of present claim 1.”

Full examination report can be referred at EP2243383.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 Nestec S.A. / Switzerland withdraw the application on 05.01.2015.