Ref: Examiner(s) Comments in the Examination Report Dated: 13.05.2013 on TKDL Submission Dated: 22.02.2013 in the context of Patent Application No. 09749210.2 (EP2496274) 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 Hypericum perforatum (klamath weed), Azadirachta indica (Neem), Quercus coccifera and Ruta graveolens (common rue) for the treatment of Ulcer / Wound Healing and as Cicatrizant/ Healing agent of Ulcer/Ulcers, Huge/big sized Wound and Antiseptic / Wound cleansing agent for Swelling and Ulcer/Ulcers from the books – Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia,Vol. IV by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 1), Yogaratnakarah (Ayurveda, Exhibit 2), Sodhalanighantauh- (Namasamgraha Va Gunasamgraha) by Sodhala (Ayurveda, Exhibit 3), Muheet Azam, Vol. IV ( Part II) by Mohammad Azam Khan (Unani, Exhibit 4), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 5), Muheet-e-Azam Vol. II ( Part I) by Mohammad Azam Khan (Unani, Exhibit 6) and Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 7).

2. Relevant Extract of EPO Examination report

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

“The third-party observation received on 14-11-2012 with letter of 2-11-2012 pursuant to Art. 115 EPC has been taken into account.
       The third-party observation refers to the Traditional Knowledge Digital Library (TKDL) and it describes that Hypericum perforatum Linn., Neem, Quercus coccifera and Ruta graveolens Linn. have been used in the treatment of ulcers and for wound healing through local application in the Indian systems of medicine since long.
       This observation supports the information given under paragraphs 4.1., 4.2. and 4.3. and already anticipated in documents D1- D5, that the mentioned herbal extracts have a long tradition as antimicrobial agents.”

Full examination report can be referred at EP2496274.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 Moses S.r.l / SAN MARINO.