EP2303298


Ref: Examiner(s) Comments in the Examination Report Dated: 13.01.2014 on TKDL Submission Dated: 11.07.2011 in the context of Patent Application No. 09769808.8 (EP2303298) at EPO


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 7 are reproduced below:

“To meet the requirements of Rule 42(1)(b) EPC, D1, D4, D8, D9 and D11 should be identified in the description and their relevant contents should be indicated. The applicant should ensure that it is clear from the description which features of the subject-matter of the independent claims are known from those documents.”

Full examination report can be referred at EP2303298-II.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 17.04.2014. The examination of the application is under progress.