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 Curcuma longa, Andrographis paniculata and Malus sylvestris for the treatment of of inflammation, psoriasis and as anti-inflammatory agent from the books – Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 1), Muheet-e-Azam Vol. III by Mohammad Azam Khan (Unani, Exhibit 2), Vaidyamanorama by Kali Dasa (Ayurveda, Exhibit 3), Cakradattah by Cakrapanidattah (Ayurveda,Exhibit 4 & 5), Sahastrayoga Translated by D.V. Panditarao (Ayurveda,Exhibit 6), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani,Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda,Exhibit 8) and Qaraabaadeen Azam wa Akmal by Mohammad Akmal 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 are reproduced below.
“As also stated by the Applicant ( Applicant’s letter dated 22.12.2001, item II, 2) D5 discloses compositions comprising curcuma longa and tephrosia purpurea, i.e. compositions comprising curcumin and ursolic acid. As stated earlier, said composition is disclosed for use in the treatment of psoriasis (European search opinion, item 5.9).
Therefore and in the light of items 1, 2.4, 2.5 and 3.1, the subject-matter of present claims 1-5 and 7-8 is considered not to be novel over D5.
Previously, D7 was cited against novelty or previous set of claims (European search opinion, item 5.10). The composition of D7 comprises further ingredients, e.g. Cyperus rotundus (D7, abstract. According to present application Cyperus rotundus comprises inter alia oleanolic acid (present application, page 9, line 29).
Therefore and in the light of items 1, 2.4, 2.5 and 3.1, the subject-matter of present claims 1-5 and 7-8 is considered not to be novel over D7.
Likewise, previously cited documents D8 and D9 are still novelty-destroying for present claims 1-5 and 7-8 (European search opinion, item 5.11).”
Full examination report can be referred at EP2269598-II.pdf
3. Outcomes of Third Party Observations & Examination Report.
As the outcome of TKDL third party and other documents cited in examination report Applicant M/s Metaproteomics, LLC/ US, decided not to pay the renewal fee of his 12 years old application filed on 17.07.2002, which he did pay for 12 years. Application was deemed to be withdrawn on 17.03.2014 and closed on 18.07.2014.