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 Origanum vulgare (Common or Wild marjoram) and Rosmarinus officinalis (rosemary) for the treatment of Angina pectoris, Oedema / Inflammation, Palpitation, Obesity, Weakness of heart, Diseases of heart and used as Cardio-tonic, Resolvent and Antiobesity from the books – Brhat Nighantau Ratnakara (Saligramanighantubhusanam)(Ayurveda, Exhibit 1), Kitaab-al-Haawi-fil-Tibb, Vol.VII by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 2), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 3), Kitaab-al-Haawi-fil-Tibb, Vol.VI by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 4), Bayaaz-e- Kabir, Vol. II by Mohammad Kabiruddin (Unani, Exhibit 5) and Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 6).

2. Relevant Extract of EPO Examination report

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

“Novelty (Art.54 (1) and (2) EPC)

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

Full examination report can be referred at EP2435057_new1.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the Applicant M/s New Chapter, Inc. / US amended the claims on 07.07.2014 and Application was refused on 17.06.2015.