Ref: Examiner(s) Comments in the Examination Report Dated: 24.01.2012 on TKDL Submission Dated: 06.09.2011 in the context of Patent Application No. 09726820.5 (EP2269621) 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 Cinnamomum cassia (Dalchini) as an Anti wrinkle agent from the book – Vangasena (Ayurveda, Exhibit 1)

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 & Para 2 are reproduced below:

“Reference is made to the following documents;

D5       NN ED –NN:” Suryaprabhagutika”,
            INTERNET CITATION, 1996,
            Retrieved form the Internet:
[retrieved on 2012-01-04]

D6       Document D5 dicloses a composition comprising Cinnamomum cassia Blume for treating wrinkles.

            Novelty (Art.54 EPC):

Claim 1 is directed to a vascular Maturation, normalization or stabilization agent which is an extract of a plant of the genus Cinnamomum. Claim 5 is directed to a Tie-2 activation agent which is an extract of a plant of the genus Cinnamomum. Claims 9 and 10 are directed to a wrinkle preventer/improver comprising an agent according to claims 1 and 5 respectively.

The features vascular maturation, normalization or stabilization agent, Tie-2 activation agent and wrinkle preventer/improver are not considered as characterizing the products of claims 1,5 and 9-10 which are interpreted as being directed to an extract of a  plant of the genus Cinnamomum. It is furthermore noted that the inhibition of angiogenesis by extracts of Cinnamomum is known form D1, D4 and D6. The treatment of wrinkles with compositions comprising Cinnamomum extracts is known form D1-D3 and D5. The activation of Tie-2 is merely the mechanism of action which accounts for the angiogenesis inhibition by Cinnamomum extracts and does not confer novelty to a claim.
Consequently, it appears that claims 1, 5 and 9-10 are anticipated by the disclosure of documents D1-D6.

The dependent claims 2-8 as well lack novelty in view of D1-D6.”

Full examination report can be referred at EP2269621.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the Applicant M/s SHISEIDO CO LTD, Japan amended the claims on 20.08.2012.