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 Sesamum indicum (sesame) for the treatment of Diseases of heart, Weakness of heart, Duodenal ulcer, palpitation and used as Cardio-tonic and anti oxidant from the books – Astanga Hrdaya by Vagabhata (Ayurveda, Exhibit 1), Rasatantrasarah Evam Siddhaprayogasamgrahah- part II (Ayurveda, Exhibit 2), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 3), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 4), Brhat Nighantu Ratnakara (Ayurveda, Exhibit 5 & 8), Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 6), Vangasena by Vangasena (Ayurveda, Exhibit 7) and Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 9).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 4 are reproduced below.

“The third-party observation received on 20.07.2011 pursuant to Art. 115 EPC calls into question the patentability of the subject-matter claimed (Guidelines E-V, 3). A copy of the documents and the third observations has been sent to the applicant. The content thereof is highly relevant to the question of the patentability of the present application. Therefore the applicant is respectfully requested to comment on all the observations.”

Full examination report can be referred at EP2323501.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report Applicant M/s OMNICA GMBH / GERMANY, decided not to pay the renewal fee of his 4 years old application filed on 28.07.2009, which he did pay for 4 years. Application was deemed to be withdrawn on 11.03.2013.