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 Rosa damascena (pink rose) as a heat producing agent, relaxant and for the treatment of swelling and stiffness of joints from the book – Al-Qaanoon-fil-Tibb, Vol. II by Abu Ali Ibn-e-Sina (Unani, exhibit 1), Kitaab-al-'Umdah-fil-Jeraahat, Part II by Aminuddaulah Abul Farj Ibn Al-Quff Maseehi (Unani, exhibit 2) and Kitaab-al-Haawi-fil-Tibb, Vol.XI by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, exhibit 3).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 4 are reproduced below:
“The references (exhibits 1-3), submitted with a third partie's intervention under Art. 115 EPC set forth with letter of 13/04/2011 and objecting against novelty and inventive relate to the use of Rosa damascena as a heat producing agent, relaxant and for the treatment of swelling and stiffness of joints through local application. The claims as amended disclaim the reference to damask rose steam distillate and restrict the scope of the present application to Arabian jasmine extract, 3-methyloctano-4-lactone and/ or bornyl acetate.”
Full examination report can be referred at EP2275113-II.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 19.11.2012 and now the examination is in progress.