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 Myristica fragrans (nutmeg tree), Zingiber officinale (ginger), Mimusops elengi, Acacia catechu (cutch tree), Cinnamomum camphora (camphor), Cinnamomum zeylanicum (cinnamon), Curcuma longa (turmeric), Ficus benghalensis (Indian banyan), Piper nigrum (Black Pepper), Piper longum (Long Pepper), Azadirachta indica (neem) and Syzygium aromaticum (clove) for the treatment of diseases of the oral cavity from the book – Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 01), Caraka Samhita by Agnivesa (Ayurveda, Exhibit 02), Ayurveda Sarasamgrahah (Ayurveda, Exhibit 03) and Rasayoga Sagara (Ayurveda, Exhibit 04).
2. Relevant extract of EPO Examination Report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 4 are reproduced below:
“Finally, also the 3rd party observations as filed in May 2014 are considered relevant in that each of the four documents cited therein indeed appears to anticipate the presently claimed subject matter under Article 54(2) EPC. The reasons are as stated in the submissions from the 3rd party, especially on page 4 of said observations. In case the applicant wishes to proceed further with the present application, applicant's reply must also deal with the objections raised in the 3rd party observations.”
Full examination report can be referred at EP2689806-II.pdf
2. Outcomes of Third Party Observations & Examination Report.
As the outcome of TKDL third party and other documents cited in examination report, Applicant M/s Colgate-Palmolive Company / United States of America, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 17.03.2015 and closed on 22.06.2015.