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 Cinnamomum cassia (cinnamon bark) for the treatment of Menorrhagia/Metrorrhagia, Menstrual Irregularities, Diseases of heart, Weakness of heart, Palpitation, Diabetes mellitus, Polydipsia/Excessive thirst ,Polyuria with glycosuria as well as Tumour and used as Uterine tonic, Cardio-tonic, Nutrient, Immuno potentiators/Anti ageing/Anti oxidant from the books – Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 1), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 2 & 7), Ikseer Azam, Vol. II by Mohammad Azam Khan (Unani, Exhibit 3), Chikithsa Rathna Deepam by Kannusamy Pillai (Siddha, Exhibit 4 & 5), Rasayoga Sagara - Compiled and Translated by Vaidya Pandita Hariprapanna Ji, Vol.-II (Ayurveda, Exhibit 6), Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 8), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 9), Rasaratnakara by Nityanathasiddha (Ayurveda, Exhibit 10) and Al-Qaanoon-fil-Tibb, Vol. V by Abu Ali Ibn-e-Sina (Unani, Exhibit 11).

2. Relevant Extract of EPO Examination report

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

“The examining division would like to draw the attention to the arguments submitted with 3rd party observation filed on 28.08.2013. In the Traditional Knowledge Digital Library (TKDL), there are several references where Cinnamomium cassia has been used for the treatment of a great variety of different disorders,e.g. it is used as antidiabetic agent, antitumor agent or cardiotonic agent. It is noted that the present isomer is preferably isolated from Cinnamomium cassia and disclosed as being useful in the treatment of the same category of diseases. See [0041] of the present application. In view of this information and the information given in the present application a surprising or unexpected effect of the isolated compound in view of these references cannot be detected.

The representative is requested to take position to the 3rd party observation, accordingly.”

Full examination report can be referred at EP2328598.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 Phenolics, LLC / US, decided not to pay the renewal fee of his 6 years old application filed on 04.08.2009, which he did pay for 6 years. Application was deemed to be withdrawn on 30.03.2015 and closed on 13.07.2015.