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 Vigna unguiculata (kulattha) for the treatment of Leprosy and other dermatoses, Diseases of heart, Oedema/Inflammation, Obesity, 7 types of Inguino- scrotal enlargement, Leucoderma/Vitiligo, Ring worm, Xerodermia pigmentosa, Dry & weeping eczema, Eruptions, Urticaria, Urticaria/Allergic rashes, Erythema/ a type of urticaria, Diseases of skin, Angina pectoris, Angina pectoris and used as Immuno potentiators/Anti ageing/Anti oxidant, Strength promoting and Beneficial for life span/ Providing longevity, anti-inflammatory, Complexion promoting from the books – Brhat Nighantu Ratnakara (Saligramanighantubhusanam) Vol.-4 (Part VII) (Ayurveda, Exhibit 1), Sodhalanighantauh by Sodhala (Ayurveda, Exhibit 2), Rasarnavama - Commentary by Indradeo Tripathi (Ayurveda, Exhibit 3), Basavarajiyam by Basavaraja (Ayurveda, Exhibit 4), Rasakamadhenu Samahita by Cudamani (Ayurveda, Exhibit 5), Yogaratnakarah - Commentary by Laksmipatisastri, (Ayurveda, Exhibit 6), Bharata Bhaisajya Ratnakara Compiled by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 7), Vangasena by Vangasena (Ayurveda, Exhibit 8), Gadanigrahah by Sodhala (Ayurveda, Exhibit 9) and Therayar Kappiyam by Therayar (Siddha, Exhibit 10).

2. Relevant Extract of EPO Examination report

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

“The following documents were obtained by the third party observations (Article 115 EPC) and are cited by the examiner.

D14 "Kulatthagunaah"

TKDL,

D15 "Vrddha Talakesvararasa"

TKDL,

D16 "Sitapittapathyah"

TKDL,

D17 "Bhrngarajatailam"

TKDL,

D18 "Dvitiyakulittha Gudah"

TKDL,

D19 "Medorog Cikitsa"

TKDL,

Unlike the applicant's arguments (electronic submission dated 06.17.2013) about the comments from third parties (as of 08.01.2013), the Examining Division believes that the composition of rev.1 demand ("peptide and glycoside extract") as well as the objects of Rev.8 and 11, is not sufficiently defined to be new compared to D15, D17-D19 and; it is noted that to be considered as technical characteristic of the rev.1 of the application, the "request text" referred to by the applicant should be part of the text of the / of claim (s) Independent (s), which is currently not the case.

D15 and D17-D19 all disclose the preparation of aqueous extracts ("Decoction") from seeds (powder) Vigna unguiculata; a degree of hydrolysis seems implicit, namely for chemical hot extraction, or enzyme / microbial sterilization has default powder of plant seeds.

D15 specifies as indications of problems or skin conditions etc. xeroderma, leucoderma, leprosy and other skin diseases, eczema and Skin buttons and is therefore relevant for the purpose of Rev.14 and 17.

D17 specifies as indications: leprosy and other skin diseases, eczema, pathologies of the skin and is therefore relevant for the purpose of Rev.14 and 17.

D18 specifies as indications: angina pectoris, and is therefore relevant for the object of the Rev.15.

D19 specifies as indications: diet, obesity, and is therefore relevant for the object of the Rev.16.

In addition, all D14-19 documents are relevant to the activity inventive as they teach, more or less specific for medical uses of seeds of Vigna unguiculata (Note: D14 cover all, indications purpose of making rev.14-17). No unexpected technical effect has been demonstrated with respect to the prior art.”

Full examination report can be referred at EP2506724_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 Laboratoires Expanscience / France amended the claims on 22.07.2014.