The patent family contains 3 US applications, two of which were abandoned, and one was granted. The granted patent is US9,408,883. For a prosecution history of the patent family, see http://globaldossier.uspto.gov/#/result/application/US/13090640/120486
The granted patent recites (emphasis added):
The prior art known to the inventor includes the Kunzea ambigua
websites (...) (Apr. 5, 2007), which explains
that Kunzea ambigua has been found effective against several bacteria,
including Staphylococcus aureas, E. coli and Candida albicans...
Australia Patent No. 721,156 B2, entitled “Essential Oil and Methods
of Use,” describes the use of the essential oils from Kunzea ambigua
for external applications for the treatment of medical conditions.
The totality of the prior art neither teaches nor suggests the use of
Kunzea ambigua... for the treatment of digestive
ailments and inflammatory conditions, among other beneficial uses, as
taught herein.
To invalidate the patent, we need public disclosure prior to Apr 23, 2007 which show that:
- it was known to use Kunzea ambigua in internally administered application, and/or
- it was known that Kunzea ambigua was effective in treating digestive ailments