1. Relevant Extract of IP Australia Examination report

IP Australia Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:

“Documents Cited or Considered Relevant

D4 : TKDL Abstract No. BA3/502;
& Mohammad Akmal Khan, "Hab Hindi", Qaraabaadeen Azam wa Akmal (20th century AD), Matba Siddiqi, Delhi / Matba Mustafai, Delhi, 1909 *
Category: X Claims: 1, 3-4, 6-7, 9-10

D5 : TKDL Abstract No. RG9/584B
& P.V. Sharma (Ed) , “Tila Taila Prayoga”, Sodhalanighantauh - (Namasamgraha Va Gunasamgraha),
Oriental Institute, Baroda, 1st Edition, 1978. *
Category: X Claims: 1, 3-4, 6-7, 9-10

* Cited in the EP Citation Filed by a Third Party dated 14 July 2010 for Publication No. 2135606.

Novelty and Inventive Step

Claims 1, 3-4, 6-7 and 9-10 are not novel (and do not involve an inventive step) in the light of documents D4-D5.

D4 discloses a therapeutic composition comprising Sesamun indicum Linn. (sesame) which is suitable for use in the treatment of fatigue following intercourse. As sesamin and episesamin are derived from sesame, it is considered that the above forementioned claims lack novelty in the light of D4.
D5 discloses a therapeutic composition comprising Sesamun indicum Linn. (sesame) which is suitable for use in removing tiredness (considered to be a disorder involving fatigue). As sesamin and episesamin are derived from sesame, it is considered that the above forementioned claims lack novelty in the light of D5.
Hence, as all of the essential features are disclosed, claims 1, 3-4, 6-7 and 9-10 lack novelty (and an inventive step).

Full examination report can be referred at 2008239318.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report the Applicant M/s Suntory Holdings Limited / Japan amended the claims on 23.09.2013.