EP2689806


Ref: Examiner(s) Comments in the Examination Report Dated: 05.12.2013 on TKDL references in the context of Patent Application No. 13189942.9 (EP2689806) at EPO


1. Relevant extract of EPO Examination Report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:

D5 DATABASE TKDL [Online] 1960.
Dantaprabha Curna:
XP002621078,
Database accession no. RG12/1079A

D6 DATABASE TKDL [Online] 1800,
Habb-ul-Misk-B:
XP002621079,
Database accession no. MH1/951

Such subject matter according to both independent claims appears to lack novelty in the sense of Article 54(2) EPC, because D1, D2 and D4-D6 disclose compositions falling within said definition as well as their uses for treating diseases of the oral cavity, (see passages mentioned in the search report)

Novel subject matter falling with the scope of the present claims is not considered inventive, because the antibacterial properties and suitability of extracts of Myristica fragrans for use as dentifrice, mouth rinse, toothpaste etc. and its applicability as agent for combating diseases of the oral cavity is already known from the prior art, (see D1-D8).

Full examination report can be referred at EP2689806.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, Examination of the application is under progress and reply from the Applicant M/s Colgate-Palmolive Company/ United States of America is still awaited.