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 Trigonella foenum-graecum (Methi) for the treatment of Gastric ulcer , Intestinal Ulcer, Inflammation, asthma, pharyngitis, acne and wart from the books namely Al-Qaanoon-fil-Tibb , Vol. II by Abu Ali Ibn Sina, (Unani, Exhibit 1), Kitaab-al-Haawi-fil-Tibb, Vol. III by Abu Bakr Mohd.Bin Zakariya Razi, (Unani, Exhibit 2), Kitaab-al-Haawi-fil-Tibb, Vol.XXI, by Abu Bakr Mohd.Bin Zakariya Razi, (Unani, Exhibit 3), Kitaab-al-Haawi-fil-Tibb, Vol.XX, by Abu Bakr Mohd.Bin Zakariya Razi, (Unani, Exhibit 4), Rasatantrasarah Evam Siddhaprayogasamgrahah, part II, (Ayurveda, Exhibit 5), Athmarakshaamirtham by Kandasamy Mudaliar, (Siddha, Exhibit 6) and Agathiar vaithiam 600 by Agasthiyar, (Siddha, Exhibit 7).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report is reproduced below:
“Third party observations.
The Third-party observation has been taken into account. The restriction to a specific part of the plant(seeds) overcomes possible objections based on said observations as long as the composition comprises fenugreek seeds extract as sole ingredient. The present formulation of claim 1 nevertheless may include the presence of other active ingredients, thus falling in the anticipation of the literature provided by the third party observation for some aspects.”
Full examination report can be referred at EP2155222.pdf
3. Outcomes of Third Party Observations & Examination Report.
As the outcome of TKDL third party and other documents cited in examination report Applicant M/s BIOTEK HOLDING APS V/ Denmark amended the claims on 24.05.2012.