Ref: Examiner(s) Comments in the Examination Report Dated: 10.04.2012 on TKDL Submission Dated: 08.07.2010 in the context of Patent Application No. 08760698.4 (EP2157966) 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 Achillea millefolium (Bloodwort), Prunus cerasus (sour cherry), Mangifera indica (mango), Musa paradisiaca (banana) and Phoenix dactylifera (date) have been used as an Anti-ageing, Antiwrinkle, Strength promoting, Nutrient, Complexion enhancer, for the treatment of Skin Marks and restoring normal skin colour from the books – Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani,Exhibit 1 & 4), Gadanigrahah by Sodhala (Ayurveda, Exhibit 2 & 3), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 5), Vrndamadhava  by Madhavah (Ayurveda, Exhibit 6), rasakamadhenu Samhita by Cudamani (Ayurveda, Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 8), Yogatarangini by Trimala Bhatta (Ayurveda, Exhibit 9) and Khazaain-al-Advia by mohammad Najmul Ghani Khan (Unani,Exhibit 10).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references.  Extract of examination report at Para 6 are reproduced below:

“The third-party observation received on 30.06.2010 pursuant to Art. 115 EPC; in particular exhibit 1 calls into question the patentability of the subject-matter claimed for the reasons given below. Thus, exhibit 1 will be taken into account in the proceedings (Guidelines E-VI, 3) and the numbering will be adhered to in the rest of the procedure.

Exhibit 1 discloses a composition for the treatment of skin marks comprising Achillea millefolium and appears thus to be relevant for the novelty and/or inventive step of present claims.”

Full examination report can be referred at EP2157966.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 of application is under process and reply is still awaited from the Applicant BASF Beauty Care Solutions France SAS, France.