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 Punica granatum (Pomegranate) as Mood elevators, Memory enhancer, Strength promoting, Cardio tonic, Nutrient and for the treatment of Diabetes mellitus, Hypertension, Tachycardia, Obesity, Giddiness/vertigo, Fear, Jactitation, Palpitation and Melancholia, Anxiety and Amnesia from the books – Kaamil-al-Sena'ah, Part II by Ali Ibn-e-Abbaas Majoosi (Unani, Exhibit 01), Ayurveda Sarasamgrahah (Ayurveda, Exhibit 02 & 3), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 04), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 05 & 7) and Caru Cikitsa - Complied by Vaidya Gopinathaji Gupta (Ayurveda, Exhibit 06).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 1 are reproduced below.

“The third-party observations have been taken into account.

It is not contested that punicalin is a pomegranate phenolic, i.e. phenolic constituent of pomegranate (Punica granatum Linn., Cf. e.g. D5). It is to be noted that none of the third party submissions specifically mention the compound Punicalin. The different therapeutic uses of pomegranate disclosed in the third party observations are acknowledged.”

Full examination report can be referred at EP2456772.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 Amazentis SA / Switzerland.