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 Egg-yolk for the treatment of Chloasma / Melasma / Melanoderma, Freckle, Skin Marks of face, Mothers mark/Naevus and as Nutritive, Cardio-tonic, Brain tonic and General tonic from the books – Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 1, 3 & 4) and Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 2).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 1, 2 & 3 are reproduced below.

“1 Prior art

D1 “Zardi-e- Baiz Neem Brist”,
     TKDL,, 1 January 1896 (1896-01-01), XP003029296

D2 “Nuskha Bara –e Jhaeen Wa Kalaf”,
     TKDL,, 1 January 1911 (1911-01-01), XP003029297,

D3 “Tila Baiza Biryan”,
     TKDL,, 1 January 1896 (1896-01-01), XP003029298,

D4 “Matbookh Zardi-e- Baiz”,
     TKDL,, 1 January 1896 (1896-01-01), XP003029299,

2 Third party observations (Article 115 EPC)

Observations by a third party have been filed on the 31.12.12, with letter dated 06.12.12.
The Examining Division is of the opinion that these documents are relevant for assessing novelty of the subject-matter of claims 7, 8 and 9 (See below 3).The documents have been cited in the search report and correspond to D1, D2, D3 and D4.

D1 discloses a nutraceutical comprising egg-yolk. It is administered orally and used as a medicine with wine, milk, honey or water, in particular as a heamatogenic, cardio-tonic, brain-tonic, general-tonic and aphrodisiac.
The subject-matter of claims 7 and 9 is therefore not new according to this document D1.

D2 discloses a therapeutic composition comprising egg yolk and honey, used in the treatment of chloasma / melasma / melanoderma, mothers mark / naevus, and freckle. The composition is applied locally, on face.
The subject-matter of claims 7 and 8 is therefore not new according to this document D2.

D3 discloses a therapeutic composition comprising egg-yolk and honey, used as a liniment in the treatment of freckle, skin marks, face and whole body.
The subject-matter of claims 7 and 8 is therefore not new according to this document D3.

D4 discloses a composition comprising egg-yolk, black pepper, sacred basil, water and a kind of sour and bitter gruel or drink. The composition is administered orally and use in the treatment of e.g. diseases, throat, cough, bronchitis.
The subject-matter of claims 7 and 9 is therefore not new according to this document D4.”

Full examination report can be referred at EP2502928.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 Kewpie Corporation/ Japan.