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 Zingiber officinale (Ginger/Adrak), Citrus aurantium (Sour orange), Gymnema sylvestre (Miracle fruit), Acacia nilotica (Gum Arabic), Vitis vinifera (Grapes/ Angoor), Curcuma longa (Turmeric/ Haldi) and Syzygium cuminii (Jamun) for the treatment of Obesity, Hypertension and Diabetes Mellitus from the books – Sodhalanighantauh by Sodhala (Ayurveda, Exhibit 1), Khazaain-al-Advia, Vol. II by Mohammad Najmul Ghani Khan (Unani, Exhibit 2), Ayurveda Sarasamgrahah (Ayurveda, Exhibit 3), Rasatantrasarah Evam Siddhaprayogasamgrahah (Ayurveda, Exhibit 4), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 5) Athmarakshaamirtham by Kandasamy MudaliarIn (Siddha, Exhibit 6), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 7), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 8), Rasaratnasamuccayah by Vagbhattah (Ayurveda, Exhibit 9), Rasaratnasamuccayah by Vagbhattah (Ayurveda, Exhibit 10), Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 11), Therayar Kudineer by Therayar (Siddha, Exhibit 12), Therayar Kudineer by Therayar (Siddha, Exhibit 13) and Chikithsa Rathna Deepam by Kannusamy Pillai (Siddha, Exhibit 14).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 5 & 6 are reproduced below.



“5) A third party observation under Article 115 EPC has been filed, wherein Exhibits 1-14 from India’s Traditional Knowledge Digital Library (TKDL) were submitted.

Briefly summarized, the Exhibits have the following contents:

Exhibit 1 and Exhibit 8 relate to the efficacy of Vitis vinifera orally for the treatment of Diabetes mellitus and obesity, respectively.

Exhibit 13 refers to the oral efficacy of Vitis vinifera for the treatment of hypertension.

Exhibit 2 refers to the oral usefulness of Curcuma longa for the treatment of Diabetes mellitus.

Exhibit 3, Exhibit 4 and Exhibit 5 refer to the oral usefulness of Gymnema sylvestre for the treatment of Diabetes mellitus.

Exhibit 6 refers to the oral usefulness of Curcuma longa and of Acacia nilotica for the treatment of Diabetes mellitus.

Exhibit 7 refers to the oral usefulness of Zingiber officinale and of Citrus aurantium for the treatment of e.g. Diabetes mellitus.

Exhibit 9 refers to the oral usefulness of Zingiber officinale for the treatment of Obesity.

Exhibit 10 shows the oral efficacy of Curcuma longa for the treatment of Obesity.

Exhibit 11 refers to the oral efficacy of Syzygium cuminii for the therapy of Obesity.

Exhibit 12 relates to the oral usefulness of Ginger (Zingiber officinale) for the treatment of hypertension.

Exhibit 14 shows the efficacy of Zingiber officinale and of Vitis Vinifera for the oral treatment of hypertension / hypotension, angina pectoris etc..

Exhibits 7, 9, 12 and 14 are relevant with regard to invention 1 as mentioned above, since they relate to Zingiber officinale and its usefulness for the treatment of Diabetes mellitus, Obesity, hypertension etc..

As diabetes and hypertension and considered as obesity complications, the subject-matter of at least the claims 1, 4-8 is not regarded as being novel in view of the disclosure of Exhibits 7, 9, 12, 14.

6) The above mentioned objections should be overcome by suitable amendment or explanation. If not, refusal of the application (ART. 97 (2) EPC) should be expected.

In the case where new claims are filed, they should be accompanied by carefully adapted pages of the description (Rule 42 (1) EPC).”

Full examination report can be referred at EP2349305.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report the examination is under process and reply is still awaited from the Applicant METAPROTEOMICS LLC, USA.