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 Mucuna pruriens (Cowhage) and Nelumbo nucifera (lotus) for the treatment of Obesity, Polyphagia / excessive hunger and for Satiating from the books – Vangasena by Vangasena (Ayurveda, Exhibit 1, 2 & 6), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 3) and Aryabhisaka by Smkaradajisatrapade (Ayurveda, Exhibit 4 & 5).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 5 are reproduced below.
“Third Party observations (Art. 115 EPC)
Concerning the third partie’s comments, it has to be noted, in accordance with the Applicant, that the cited exhibits 1-6 do not disclose the administration of a composition as specified in the present claims as amended.
Exhibit 3 discloses formulations comprising Nelumbo nucifera having satiating properties. Exhibits 5/6 relate to therapeutic compositions comprising Nelumbo nucifera for the treatment of excessive hunger.
Although silent on a composition comprising a defined amount of an extract from Mucuna pruriens containing L-DOPA and an extract from Nelumbo nucifera, containing aporphine alkaloid as specified therein, the skilled man is well aware of the beneficial effects of Nelumbo in the treatment of excessive hunger which is to be considered as an eating disorder. So far, and in the absence of comparative data with regard to formulations of Nelumbo nucifera having satiating properties and as further alternative composition for use in reducing a subject’s desire to eat, the claimed subject-matter does not appear to distinguish in a non-obvious and inventive way over the prior art knowledge. Therefore, the requirements of inventive step are not deemed to be fulfilled with regard to the third partie’s intervention.”
Full examination report can be referred at EP2419508.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 Somalabs, Inc. / US, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 13.08.2014 and closed on 12.11.2014.