Ref: Examiner(s) Comments in the Examination Report Dated: 11.09.2012 in the context of Patent Application No. 2509/MUM/2010 at CGPDTM

1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:


The subject matter of claims does not constitute an invention u/s 2(1) (j) of the Patents Act, 1970, as the claims 1 to 7 do not involve inventive step in view of the disclosures in following prior published document:

D1: TKDL (CSIR): AM05/1818 ?Soolaikattu Thylam?, Kandasamy Mudaliar, Aavialikkum Churukkam (Athmarakshaamirtha Vaithiya saarasang), Publisher:Palani Thandayuthapanib Devasthanam publications, Directorate of Indian systems of Medicine, Chennai. (Edn: 1st. 1975), Page 468, 469.

D1 discloses the formulation/composition comprising Nigella Sativa as one of the ingredient for the treatment of arthritis and inflammation. Hence, the person skilled in the art can obviously combine this with Annona squamosa for getting the claimed multipurpose herbal composition. Therefore, the composition claimed in claims 1 to 6 and process claimed in claim 7 is lacking in inventive step.

The composition claimed in claims 1 to 7 and 8 is not patentable u/s 3 (p) and also 3 (e) of the Patents Act, 1970 as it claims for the composition which in effect is from Traditional Knowledge [see D1].”

Full examination report can be referred at 2509-MUM-2010.pdf

2. Outcomes of Examination Report

As the outcome of TKDL references and other documents cited in examination report, the Application is Abandoned U/S 21(1).