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 Phoenix dactylifera (Date palm) and Cocos nucifera (coconut palm) for the treatment of Diabetes mellitus, Diseases of nervous system, Diseases of heart, Weak eyesight, Dementia, Neurological diseases, Sexual Debility/Anaphrodisia, Premature Ejeculation, Ulcer / Wound, Diseases of the eye, Weakness of the kidney, Weakness of heart and as Cardio-tonic, Renal tonic, Brain tonic, Aphrodisiac, Tonic for vital organs and Nervine tonic from the books – Brhat Nighantau Ratnakara (Saligramanighantubhusanam) (Ayurveda, Exhibit 1), Kaamil-al-Sena'ah, Part II by Ali Ibn-e-Abbaas Majoosi (Unani, Exhibit 2), Muheet-e-Azam Vol. III by Mohammad Azam Khan (Unani Exhibit 3), Rasakamadhenu Samhita by Cudamani (Ayurveda, Exhibit 4), Chikithsa Rathna Deepam by Kannusamy Pillai (Siddha, Exhibit 5), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 6) , Bayaaz-e-Kabir, Vol. II by Mohammad Kabiruddin (Unani, Exhibit 7 & 8), Yugi Munivar Vaithya Chinthamani by Yugi (Siddha, Exhibit 9), Dhanvantarinighantauh by Mahendra Bhaugika (Ayurveda, Exhibit 10), Agathiyar Vaithya Kaviyam - 1500 by Agasthiyar (Siddha, Exhibit 11) and Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 12).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 5 & 7 are reproduced below.

“It should further be noted that the use of ingredients of Palmae family have already been used for the treatment of diabetes. In this respect it is referred to the submission of a 3rd party which have been sent to the applicant, too. Especially exhibits 2, 5, 6, 7, 8 and 11 disclose the effect of Palmae family ingredients against diabetes, weak eyesight, dementia, weakness of the kidneys and diseases of the eye, respectively. It can be taken as granted that at least some of the active ingredients (polyphenols) used in said exhibits are also present in the palm leaves. Therefore the skilled person had a hint to use palm leave extract for treating conditions as disclosed in said exhibits.

To meet the requirements of Rule 42(1) (b) EPC, the documents D1, D2, D3, D5 and exhibit 2 of the 3rd party submission should be identified in the description and the relevant background art disclosed therein should be briefly discussed.”

Full examination report can be referred at EP2411033.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 Universiti Putra Malaysia / Malaysia.