Ref: Examiner(s) Comments in the Examination Report Dated: 08.01.2013 on TKDL Submission Dated: 18.06.2010 in the context of Patent Application No. 07011162.0 (EP1880719) at EPO

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 Zizyphus jujuba, Nelumbo nucifera(Lotus), Portulaca oleracea(Common Purslane), Cinnamomum zeylanicum(Cinnamon) and Malva sylvestris for the treatment of Cystitis / Urethritis from the books – I'laaj-al-Amraaz by Mohd. Shareef Khan (Unani, Exhibit 1), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 2), Quaraabaadeen Quaadri by Mohd. Akbar Arzani (Unani, Exhibit 3), Nighanturatnakarah (Ayurveda, Exhibit 4), I'laaj-al-Amraaz by Mohd. Shareef Khan (Unani, Exhibit 5) and Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 6).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 1 are reproduced below:

“Compositions comprising Smilax glabra for the treatment of urinary system infections are already known from D15 (=CN-A-1 733 272), D 16(=CN-A-1 116 533), (D17 (=CN-A-1 742 963), D18 (=CN-A-1 088 442) and D19 (=CN-A-1 593 530) [see the abstracts]. Hence, the subject-matter of claims 1, 2, 8,9,10 and 14 is not novel.”

Full examination report can be referred at EP1880719-II.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report the examination is in progress and reply is awaited from the Applicant M/s CHIH-HSIUNG LIN, Taiwan.