Ref: Examiner(s) Comments in the Examination Report Dated: 23.05.2011 on TKDL Submission Dated: 07.04.2011 in the context of Patent Application No. 10012635.8 (EP 2269598) 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 Curcuma longa (turmeric), Andrographis paniculata and Malus sylvestris (apple) for the treatment of inflammation, psoriasis and as anti-inflammatory agent from the books – Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 1), Muheet-e-Azam Vol. III by Mohammad Azam Khan (Unani, Exhibit 2), Vaidyamanorama by Kali Dasa (Ayurveda, Exhibit 3), Cakradattah by Cakrapanidattah (Ayurveda,Exhibit 4 & 5), Sahastrayoga Translated by D.V. Panditarao (Ayurveda,Exhibit 6), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani,Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda,Exhibit 8) and Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani,Exhibit 9).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 & 5 are reproduced below.

“With letter dated 12.04.2011 the Applicant was informed that third-party observations pursuant to Article 115 EPC were received for European patent application 10012635.8. The cited documents which call into question the patentability of presently claimed subject-matter are also listed in the search report. Selected documents are further discussed below.

D5       “Haridr A dilelpah 01”
           TKDL,, 1 August 1999 (1999-08-01), XP003024376,

D7       "MA ¼ rvA Dyaghrtam”
           TKDL,, 1 January 2001 (2001-01-01),XP003024377,

D8       “Tiktakaghrtam”.
           TKDL,, 1 January 1922 (1922-01-01),XP003024378,

D9       “MA 1/4 rvA dyaghrtam”,
           TKDL,, 1 January 1990 (1990-01-01), XP003024379,

D5 discloses a therapeutic combination for use in the treatment of psoriasis which comprises inter alia curcuma longa and tephrosia purpurea which are present in a ratio of 1:1, (D5, abstract). Tephrosia purpurea contains inter alia beta-sitosterol and ursolic acid as disclosed for instance in D6 (D6, abstract and page 591, left-hand column, paragraph 2).

           Therefore and in view of items 5.1-5.5, the subject-matter of present claims 1-2 and 4-10 is not novel over D5.

D7 discloses a pharmaceutical composition comprising inter alia 12 g of curcuma longa and 12 g of andrographis paniculata. Said composition is for use in the treatment of inter alia inflammation (D7, abstract).In view of the multitude of further natural products it appears to be implicit that the composition further comprises at least traces of triterpenes according to present claim 4.

           Therefore and in view of items 5.1-5.5, the subject-matter of present claims 1-10 is not novel over D7.

For the same reasons as D7, the subject-matter of present claims 1-10 lacks novelty over each of the documents D8 and D9 ( D8, abstract; D9, abstract). D9 discloses a minor variation of the compositions of D7.”

Full examination report can be referred at EP2269598-I.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 Metaproteomics, LLC/ US, decided not to pay the renewal fee of his 12 years old application filed on 17.07.2002, which he did pay for 12 years. Application was deemed to be withdrawn on 17.03.2014 and closed on 18.07.2014.