Ref: Examiner(s) Comments in the Examination Report Dated: 11.09.2014 on TKDL Submission Dated: 06.05.2011 in the context of Patent Application No. 08804097.7 (EP2200624) 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 Lycium barbarum for the treatment of Dysentery/Gastroenterocolitis, infection of Phlegm, vitiligo and as Antiseptic and Anti-inflammatory from the books – Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 1 & 2), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 3) and Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 4).

2. Relevant Extract of EPO Examination report

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

“Additionally, Exhibits 4 and 2, provided by Third Party under Article 115 EPC, seem to be relevant as well in this regard.
Exhibit 4 already reports on a medicated paste applied externally comprising Lycium barbarum L. and being useful in the treatment of Leucoderma/Vitiligo (c.f. present claim 1). Exhibit 2 already describes a therapeutic composition/formulation comprising Lycium barbarum L. for oral administration which has anti-inflammatory activity and is useful in the treatment of swelling.”

Full examination report can be referred at EP2200624.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 under process and reply is still awaited from the Applicant Nestec S.A. / Switzerland.