Tinymce not loading js files for panel node type

Hi All,
Got a working Drupal installation with tinytinymce installed as wysiwyg editor install went good and module is working.

If I go to edit a 'page' node type the tinytinymce js file and the init script gets written into the head of the file as it should and the wysiwyg edit loads in the designated text areas

BUT

If I go to edit the content of a 'Panel' and go to edit the custom content the 'rich text editor' link is there so the module is working but if I click it I get an error saying that toggletinyMCE is not defined. I checked the header of the html and indeed the refernce to the tinymce js file and the init script have not been written to the page hence the undefined message.

I have been searching for agaes now to find a fix but cannot - as the module is working it seems logical that the insertion of the javascript needs enabling for the 'Panel' type for it to load its scripts but where? maybe it loads for the 'Page' type by default?

Can anyone help me out here? totally puzzled

Thanks