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 Achillea millefolium (Bloodwort), Prunus cerasus (sour cherry), Mangifera indica (mango), Musa paradisiaca (banana) and Phoenix dactylifera (date) have been used as an Anti-ageing, Antiwrinkle, Strength promoting, Nutrient, Complexion enhancer, for the treatment of Skin Marks and restoring normal skin colour from the books Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani,Exhibit 1 & 4), Gadanigrahah by Sodhala (Ayurveda, Exhibit 2 & 3), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 5), Vrndamadhava by Madhavah (Ayurveda, Exhibit 6), rasakamadhenu Samhita by Cudamani (Ayurveda, Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 8), Yogatarangini by Trimala Bhatta (Ayurveda, Exhibit 9) and Khazaain-al-Advia by mohammad Najmul Ghani Khan (Unani,Exhibit 10).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below:
It seems that exhibit 1 filed pursuant to Art. 115 EPC in a third-party observation is still relevant for the novelty of claims 1 and 18 which are directed to compositions comprising extract of common yarrow.
Full examination report can be referred at EP2157966.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 BASF Beauty Care Solutions France SAS/ France amended the claims on 12.05.2015.