Ref: Examiner(s) Comments in the Examination Report Dated: 24.11.2009 on TKDL references in the context of Patent Application No. 07735265.6 (EP1998727) 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:

“D3: DATABASE TKDL GP01/186 1979, “Parangipatti Chooranam”

The subject matter of claim 1 is not new (A.54) (1) (2) over the prior art D1 to D3 which all make available extracts from Murraya koenigii for use against dermatophyte infection.

The novelty objections are maintained for D1 through D3 as no distinguishing feature of root extracts are included. In D1 and D2 the same dermatophytes are mentioned. In addition to answer the submissions regarding D3, the claims are not limited to solely Murraya extracts as the claims are drafted in the comprising form.

The objections to a lack of inventive step are maintained. D1, D2 or D3 can each independently represent the closet prior art, as methods for treating tinea infections with the claimed micro-organisms.”

Full examination report can be referred at EP1998727.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant M/s Piramal Enterprises Limited / India did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 22.08.2013.