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 Mucuna pruriens (Cowhage) and Nelumbo nucifera (lotus) for the treatment of Obesity, Polyphagia / excessive hunger and for Satiating from the books – Vangasena by Vangasena (Ayurveda, Exhibit 1, 2 & 6), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 3) and Aryabhisaka by Smkaradajisatrapade (Ayurveda, Exhibit 4 & 5).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 4 are reproduced below.

“Third Party observations (Art. 115 EPC)

The Applicant‘s comments with regard to cited exhibits 1-6 have been considered. Said documents do not disclose the administration of dopamine precursor/agonists within 90 minutes before the subject eats a meal.
However, it has to be also considered that exhibit 3 discloses formulations comprising Nelumbo nucifera having satiating properties. Exhibits 5/6 relate to therapeutic compositions comprising Nelumbo nucifera for the treatment of excessive hunger.
Although silent on dopamine precursors/agonists and to their administration “within” 90 minutes before intake of a meal, the skilled man is well aware of the beneficial effects of Nelumbo in the treatment of excessive hunger which is to be considered as an eating disorder. Moreover, such formulation including Nelumbo is probably and very likely administered within the time period of 90 minutes before starting to eat. So far, and in the absence of convincing experimental data with defined dopamine agonists/ precursors, the administration within the indicated time period of 90 minutes cannot be considered as a technical feature distinguishing the presently claimed subject-matter in a non-obvious and inventive way over the prior art knowledge. Therefore, the requirements of inventive step are not deemed to be fulfilled with regard to the third partie’s intervention.”

Full examination report can be referred at EP2419508.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 Somalabs, Inc., 40 Allen Road, South Burlington, VT 05403 / US.