EP2361602


Ref: Examiner(s) Comments in the Examination Report Dated: 21.01.2015 on TKDL Submission Dated: 13.01.2014 in the context of Patent Application No. 11154255.1 (EP2361602) 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 Hordeum vulgare (Source of [beta]-glucan), Vitis vinifera (Source of resveratrol, procyanidin, methionine), Curcuma longa (Source of curcumin), Algae on the surface of water (Source of marine extract), Malus-sylvestris (Source of procyanidin and and tryptophan), Sesamum indicum (Sources of plant sterol, methionine and histadine) , Olea europaea (Sources of plant sterol and methioninel), Brassica rapa (Sources of plant sterol, and tryptophan), Pinus roxburghii (pine bark extract) and Camellia sinensis (green tea) for the treatment of Falling of hair, Alopecia, Baldness, Premature grey hair/Canities, Seborrhoea,Pityriasis capitis/Furunculosis or boils in scalp, Pustules, Scar marks after chickenpox and smallpox, Leucoderma/Vitiligo of Hand/s and Foot and Diseases of the skin of child and as Hair growing agent, causing Hair growth, Beneficial for hair, Hair dyer, Cicatrizant/Healing agent, Detergent, Blood Purifier and Complexion enhancer from the books – Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia Vol. II by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 1), Vangasena by Vangasena (Ayurveda, Exhibit 2), Agnipuranama Translated by Trinisha Jha and Ghanshyam Tripathi (Ayurveda, Exhibit 3), Muheet-e-Azam Vol. IV by Mohammad Azam Khan (Unani, Exhibit 4), Bharata Bhaisajya Ratnakara - Compiled by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 5), Rasaratnasamuccayah by Vagbhattah (Ayurveda, Exhibit 6), Astanga Hrdaya by Vagabhata (Ayurveda, Exhibit 7), Muheet-e-Azam by Mohammad Azam Khan (Unani, Exhibit 8), Kaamil-al-Sena'ah Part II by Ali Ibn-e-Abbaas Majoosi (Unani, Exhibit 9), Al-Qaanoon-fil-Tibb Vol. II by Abu Ali Ibn-e-Sina (Unani, Exhibit 10), Rasakamadhenu Samhita by Cudamani (Ayurveda, Exhibit 11), Vaidyamanorama by Kali Dasa (Ayurveda, Exhibit 12) and Khazaain-al-Advia Vol. II by Mohammad Najmul Ghani Khan (Unani, Exhibit 13).

2. Relevant Extract of EPO Examination report

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

“Third-party observation; medical use

A Third-party observation has been filed on 03.01.2014 pursuant to Art.115 EPC.

The comments developed in this filing concern mainly the subject- matter of original claims 10, 11 and 12 which relate to the introduction of pharmacologically active ingredients.

The Third-party observation has been taken into account.”

Full examination report can be referred at EP2361602.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 Pangaea Laboratories Limited / Great Britain, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 29.06.2015.