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 Nigella sativa (Black seeds) for the treatment of allergic rhinitis, conjunctivitis and eczema (atopic dermatitis) from the books – Charaka samhita by Agnivesa (Ayurveda, Exhibit 1), Quaraabaadeen Quaadri by Mohd. Akbar Arzani (Unani, Exhibit 2), Al- Qaanoon-fil-Tibb by Abu Ali lbn Sina (Unani, Exhibit 3), Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 4) and Balavakadam by Agasthiyar (Siddha, Exhibit 5).

2. Relevant extract of EPO Examination Report

EPO Patent Examiner(s)  took cognizance of TKDL references. Extract of examination report at Para 2 are reproduced below:

“The examining division has in the light of the newly cited documents as well as the documents cited by the third party in accordance with Article 115 EPC reexamined the present subject matter. The conclusions are as follows:

Treatment  of allergy in general and treatment of specific allergic conditions with Nigella sativa were known before the present priority date, (see D8, especially pages 362 and D9, especially page 140) as well as documents cited by the third party).

It is considered that the present administration time frame of 1 to 30 days is so broad that inherently prior art treatment regimens must fall within the scope of the present claim. Thus, novelty in the sense of Article 54(2) EPC of the present subject matter is not acknowledgeable.”

Full examination report can be referred at EP1709995.pdf

3. Outcome of  Third Party Observation and Examination Report

As the outcome of TKDL third party and other documents cited in examination report Applicant M/s Al-Jassim, Rawaa 2578 River Wood Drive Napperville, Illinois 60565 / United States, decided not to pay the renewal fee of his 10 years old application filed on 02.03.2000, which he did pay for 10 years. Application was deemed to be withdrawn on 18.08.2010 and closed on 30.11.2010.