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 Boswellia serrata (Sallaki), Aegle marmelos (Bel) and Zingiber officinale (Adrak) for the treatment of Bronchial asthma, Allergic rhinitis, Psoriasis, Eczema and as antiwrinkle from the books – Anandakandah by Manthana Bhairava (Ayurveda, Exhibit 1), Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 2), Muheet-e-Azam by Mohammad Azam Khan (Unani, Exhibit 3 & 8), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 5), Sahastrayoga (Ayurveda, Exhibit 6), Vangasena by Vangasena (Ayurveda, Exhibit 7), Vaidyamanorama by Kali Dasa (Ayurveda, Exhibit 9), Rasakamadhenu Samhita by Cudamani (Ayurveda, Exhibit 10), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 11) and Rasayoga Sagara (Ayurveda, Exhibit 12)

2. Relevant extract of EPO Examination Report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 & Para 3 are reproduced below:

“The third-party observation received on 25-05-2011 pursuant to Art.115 EPC; in particular documents D8, D9, calls into question the patentability of the subject-matter claimed for the reasons given below. Thus, documents D8, D9 will be taken into account in the proceedings (Guidelines E-VI, 3) and the numbering will be adhered to in the rest of the procedure.

D8- Exhibit 5 of #rd party observation- Lankapatiravana

Disclosed is a formulation containing extracts of both A. mermelos and Z. officinale along with a few other ingredients used for the treatment of Allergic rhinitis/vasomotor rhinorrhoea.

D9- Exhibit 6 of 3^rd party observation-Panditarao

Disclosed is a formulation containing extracts of both A. mermelos and Z. officinale along with a few other ingredients used for the treatment of Bronchial asthma through oral administration.”

Full examination report can be referred at EP2303298.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the Applicant M/s Laila Nutraceuticals decided to amend the claims on 24.10.2012. The examination of the application is under progress.