Ref: Examiner(s) Comments in the Examination Report Dated: 17.12.2012 on TKDL Submission Dated: 05.07.2012 in the context of Patent Application No. 09832680.4 (EP2393503) 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 Terminalia arjuna (Arjuna), Commiphora wightii (Guggulu), Inula recemosa and Hippophae rhamnoides (seabuckthorn) for the treatment of Diseases of heart, Obesity, Angina pectoris, Palpitation, Diabetes mellitus and as cardio-tonic from the books – Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 1), Rasayoga Sagara (Ayurveda, Exhibit 2), Astanga Samgraha by Vagbhatta (Ayurveda, Exhibit 3), Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 4), Brhat Nighantau Ratnakara (Saligramanighantubhusanam) (Ayurveda, Exhibit 5), Vangasena by Vangasena (Ayurveda, Exhibit 6), Rasaratnasamuccayah by Vagbhagttah (Ayurveda, Exhibit 7) and Rasatantrasarah Evam Siddhaprayogasamgrahah (Ayurveda, Exhibit 8).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1.3, 1.4,5 & 6 are reproduced below.

“Documents considered to be relevant


         Bharata Bhaisajya Ratnakara: “Kakubhadicurnam”,

         Database accession no. AB/666 – XP002682512


         Rasayoga Sagara: “Vajravallayadiguggulu”,

         Database accession no. VS/1092 – XP002682514


         Brhat Nighantu Ratnakara(Saligramanighantubhusanam): “Cukra Gunaah”,

         Database accession no. RS/4372– XP002682515

** cited in the Third party observation dated 19.6.2012 received 27.6.2012

The state of the art:

Document D3 (Traditional knowledge) disclose the oral use of a combination of plants 2) and 3) for the treatment of heart diseases.

Document D4 (Traditional knowledge) disclose the oral use of a combination of plants 1) and 2) for the treatment of heart diseases.

Document D5 discloses the oral use of plant 4) as single ingredient for the treatment of Angina pectoris, a condition which is most often due to ischemia of the myocardium (according to Dorland's medical Dictionary).

Document D5 discloses that plant 4) as a single ingredient is also known to be useful for the treatment of diseases falling under the scope of claim 1..

Nothing inventive is therefore seen, starting from the closest state of the art document D1 (plants 1-3), in adding the plant used in D5 (plant 4) to the plant combination of D1, having regard to the problem to be solved by the application, unless an unexpected affect of this combination would be demonstrated.”

Full examination report can be referred at EP2393503.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 Anurag Sharma, 5 Ballygunge Circular Road, Kolkata 700 019 / INDIA.