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 Bacopa monnieri and Centella asiatica as ones beneficial for life span/ providing longevity, cardio-tonic, memory enhancer, immuno potentiators/anti ageing/anti oxidants and for the treatment of oedema / inflammation, neurological diseases and psychosis/insanity/mania; Camellia sinensis (tea) as brain tonic, anti-inflammatory and for the treatment of diseases of heart and insomnia; Silybum marianum as anti-inflammatory; Withania somnifera (Ashwagandha) and Aloe barbadensis (Aloevera) for the treatment of paralysis/hemiplegia, bell’s palsy, numbness, insomnia, neurological diseases and diabetes mellitus; and Curcuma longa (turmeric) for the treatment of oedema / inflammation and ulcer / wound Healingfrom the books – Bayaaz-e-Kabir, Vol. II by Mohammad Kabiruddin (Unani, Exhibit 1), Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 2), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia,Vol. IV by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 5), Brhat Nighantu Ratnakara (Saligramanighantubhusanam)(Ayurveda, Exhibit 6), Muheet-e-Azam Vol. III by Mohammad Azam Khan (Unani, Exhibit 7), Muheet-e-Azam Vol. IV by Mohammad Azam Khan (Unani, Exhibit 8) and Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 9).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 5 are reproduced below.

“Moreover, all are known as safe herbs and have been used for centuries in ayurvedic medicine (see third party observations).”

Full examination report can be referred at EP2266586.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 Lifeline Nutraceuticals Corporation / US, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 15.12.2014 and closed on 18.03.2015.