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 Citrus limon (lemon) for the treatment of obesity and as Slimming agent from the books – Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 1), Ayurveda Sarasamgrahah (Ayurveda, Exhibit 2), Brhat Nighantu Ratnakara (Ayurveda, Exhibit 3), Yogaratnakarah - Commentary by Laksmipatisastri (Ayurveda, Exhibit 4) and Rasayogaratnakarah (Ayurveda, Exhibit 5).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below.
“The Applicant is invited to comment on the documents cited by the Third Party on 19.08.2011. Each of these mentions compositions which have slimming or an anti-obesity effect, that comprise citrus fruit (thus, citrus carotenoid and sphingolipid). Thus, each of these documents compromises the novelty and inventive step of all claims relating to invention 1 (Claim 1, 2, 4-7).”
Full examination report can be referred at EP2226071.pdf
3. Outcomes of Third Party Observations & Examination Report.
As the outcome of TKDL references and other documents cited in examination report, the Applicant M/s Unitika, Ltd. / Japan amended the claims on 04.08.2014.