Ref: Examiner(s) Comments in the Examination Report Dated: 05.10.2012 in the context of Patent Application No. 2010326135 at IP Australia

1. Relevant Extract of IP Australia Examination report

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

“Documents Cited or Considered Relevant

D4 : TKDL Abstract No. RG12/1079A;
& "Dantaprabha Curna (Manjana)", Ayurveda Sarasamgrahah, Shri Baidyanath Ayurveda Bhavan Limited, Calcutta, 2003
Category: X Claims:

D5 : TKDL Abstract No. MH1/951;
& Mohammad Shareef Khan "Habb-ul-Misk-B", Ilaaj-al-Amraaz (18th century AD), Afzal-al-Matabe, Barqi Press, Delhi, 1921 #

Category: X Claims:
Novelty and Inventive Step

Independent claims 1 and 6 lack an inventive step in light of documents D1-D7.

The applicant's attention is also directed towards documents D2-D7 which also disclose
compositions comprising Myristica fragrans for the treatment of diseases of the oral cavity (see claims 1-46 and page 7, lines 6-8 of D2; the abstract of D3; the entire document D4; the entire document D5; the abstract, Introduction and section entitled "Rapid bacterial activity of macelignan" of D6; and the entire document D7) as a similar inventive step objection applies. Furthermore, documents D4 an D5 also disclose compositions of Myristica fragrans extract combined with another natural extract listed in present claim 1 (Zingiber officinale).”

Full examination report can be referred at 2010326135.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant M/s Colgate-Palmolive Company / United States of America amended the claims on 17.05.2013.