The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II) Article 7 Where the technical scheme accused of infringement adds other technical features on the basis of including all the technical features of the closed claim, the people's court shall determine that the technical scheme accused of infringement does not belong to the protection scope of the patent right, except that the added technical features belong to the inevitable conventional impurities.
The closed composition claim mentioned in the preceding paragraph generally does not include the Chinese medicine composition claim.
That is to say, the added technical features D and E cannot belong to inevitable conventional substances. Patents can't be Chinese medicine.