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 Sesamum indicum(sesame) and Allium sativum(garlic) as Antiobesity and Slimming / Scarification agents and for the treatment of obesity and Diabetes mellitus from the books namely Sahastrayoga by Govt of India (Ayurveda, Exhibit 1), Vaidyamanorama by Kali Dasa (Ayurveda, Exhibit 2), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 5), Muheet-e-Azam Vol. III by Mohammad Azam Khan (Unani, Exhibit 6), Agathiar vaithia rathna churukkam300 by Agasthiyar (Siddha, Exhibit 7), Anuboga Vaithiya Navaneetham by Abdulla Sahib (Siddha, Exhibit 8), Chikithsa Rathna Deepam Kannusamy Pillai (Siddha, Exhibit 9) and The Ayurvedic Pharmacopoiea of India - Part 1, Vol III by Govt of India (Ayurveda, Exhibit 10).
2. Relevant extract of EPO Examination Report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 10 are reproduced below:
“Observations by a third party have been presented with the letter dated 28/05/10 and have duly been taken into account by the Examining Division (Guidelines E-vi,3).
The documents ‘Exhibit 1 to 10’ filed by the third party disclose that in traditional knowledge, Sesamum indicum and Allium sativum which both comprise carnitine are used for the treatment of obesity or Diabetes mellitus (cf D1 to D3).”
Full examination report can be referred EP1962826.pdf
3. Outcome of Third Party Observation and Examination Report
As the outcome of TKDL third party and other documents cited in examination report, Applicant
EGB EpiGeneticBalance AG Alpenweg 9 4313 Möhlin, Switzerland, decided to amend the
claims on 30-05-2011. Examiner decided to grant patent after applicant amended the claims.
Analysis of amendment of claims
The Applicant originally claimed the usefulness of a composition comprising L-carnitine for the manufacture of a medicament for weight reduction in combination with a diet to be novel. TKDL submitted its prior art evidences stating the usefulness of Sesamum indicum and Allium sativum (natural sources of L-carnitine) as Antiobesity and Slimming / Scarification agents and for the treatment of obesity and Diabetes mellitus. Based on the TKDL evidences and Examiner’s report the Applicant amended the claims stating a method for weight reduction comprising a diet combined with active agent i.e. L-carnitine with the provision that the method for weight reduction is not therapeutically indicated.