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 Triticum aestivum (wheat), Lilium polyphyllum (kakoli) and Zizyphus jujuba (Ber) for the treatment of Nausea, Insomnia and Palpitation (symptoms of anxiety disorders) from the books – Brhat Nighantu Ratnakara - Compiled by Gangavisnu Srikrsna Dasa (Ayurveda, Exhibit 1), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 2), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 3), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Anuboga Vaithya Navaneetham, Part - 8 by Abdulla Sahib (Siddha, Exhibit 5), Vangasena by Vangasena (Ayurveda, Exhibit 6), Kasyapa Samhita or Vrddhajivakiya Tantra by Vrddhajivaka (Ayurveda, Exhibit 7) and Rasarajamahaudadhi ( part-5) by Bhagat Bhagavanadasa (Ayurveda, Exhibit 8).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 are reproduced below.

“Third Party Observation

The so-called Exhibit 7 cited by a third party will be introduced as D4 into the procedure.

In regard to D4, a composition is disclosed comprising Triticum aestivum seed, Lilium polyphyllum root tuber and Ziziphus jujuba fruit together with some other plants as well as its use in insomnia which is a symptom in anxiety disorders.
D4 is a further composition comprising herbs with sedative/anxiolytic effect where one of the herbs claimed in the present application is lacking, namely hawthorn fruit. Similarly, the compositions of D1 and D2 are lacking one of the herbs, wheat grain. As already discussed in the IPER, the selection of a further herb with anxiolytic properties is arbitrary, as it has not been shown to result in any technical benefit with respect to the prior art.
Hence, no inventive step can be acknowledged.”

Full examination report can be referred at EP2544700.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, claims amended by the applicant, pursuant to which, further processing of the application has been allowed.