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 Olea europaea (olive) for the treatment of Varicosity, Gangrene, Simple Inflammation, Malignant Ulcers, wet ulcer/ulcers, Chronic Ulcer/Ulcers, Septic wounds, all types of Wound and as Antiseptic/Wound cleansing, Cicatrizant / Healing agent of Wound, Dessicant of wet wound, Cleanser, Cleanser of Malignant Ulcers, Resolvent and Detergent from the books – Ikseer Azam Vol. IV by Mohammad Azam Khan (Unani, Exhibit 1 & 8), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. II by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 2 & 5), Al-Qaanoon-fil-Tibb by Abu Ali Ibn-e-Sina (Unani, Exhibit 3), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. III by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 4 & 7), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 6) and Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 9).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 & 7 are reproduced below.
“This communication takes into account the third-party observation received on 19.12.2013 pursuant to Article 115 EPC.
Also, the skilled man having knowledge of the cited prior arts together with exhibits 3-5 and 9 as filed with the third-party observation received on 19.12.2013 pursuant to Article 115 EPC, he will also have an incentive to test oleuropein extracted from olea europaea Linn in the treatment of wounds and ulcers as presently claimed.”
Full examination report can be referred at EP2570124.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 Sanidad Y Residencias / Spain. |