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 Vitis vinifera (Grape) and Citrus limon (Lemon) of tastelessness, dryness of mouth, fetid breath, excessive salivation and as mouth freshner from the books – Nighanturatnakarah (Ayurveda, Exhibit 1), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 2), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 4), Al-Abnia-'an-Haqaayiq-al-Advia Mowaffaq by Al- Din Abu Mansoor Ali Al- Harvi (Unani, Exhibit 5) and Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 6).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1.3, 1.4,5 & 6 are reproduced below.



“The third-party observation received on 10.05.2012 pursuant to Art.115 EPC, in particular documents D9-D14 call into question the patentability of the subject-matter claimed for the reasons give below. Thus, document D9-D14 will be taken into account in the proceedings (Guidelines E-V,3).

D9: Traditional Knowledge Digital Library (TKDL) Formulation ID:RG13/29C
D10: TKDL, Formulation ID: MH5/720
D11: TKDL, forumulation ID:NA4/248A
D12: TKDL, forumulation ID:RS15/476
D13: TKDL, forumulation ID:AA27/5G1
D14: TKDL, forumulation ID:RS6/112

D15 and D16 are cited by the Examiner. A copy of the documents is annexed to the communication.
D15: TKDL, Formulation ID: ME02/167
D16: TKDL, Formulation ID: KS01/110

The present application does not meet the requirement of Article 52 (1) EPC, because the subject-matter of independent claims 1, 10, 16,20 is not new in the sense of Article 54(1) and (2) EPC.
D15 and D16 disclose a product for oral administration (D15:a pill, D16: thick sweet semisolid preparation) comprising lemon and grape. They disclose that extracts of said fruits are used, since they indicate that decoctions or juices are used. The medicines are effective against dryness of mouth (D15), respectively tastelessness (D16), i.e they are products which are suitable for oral care.
Therefore, D15 and D16 anticipate the subject-matter of independent claims 10,16 and 20. Being not new, the subject-matter of independent claims 1, 10, 16, 20 cannot be considered as involving an inventive step. Nevertheless it is added that apart from D15- and D16- absence of an inventive step could also be shown in view of D8-D14:

D9-11 discloses oral compositions comprising grape, resp. its extract, for treating hyposalivation and associated symptoms. D12-D14 diclsoe oral compositions comprising lemon, resp, its extract, for treating hyposalivation and associated symptoms. Therefore, it is obvious for a person skilled in the art of use combinations of said plants, resp. extracts, to treat hyposalivation.”

Full examination report can be referred at EP2367526.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 VDF Futureceuticals Inc./ US, decided not to pay the renewal fee of his 6 years old application filed on 13.11.2009, which he did pay for 6 years. Application was deemed to be withdrawn on 26.06.2015.