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 Zingiber officinale (zinger), Raphanus sativus (radish) , Apium graveolens (Celery) and Nigella sativa (Black seed) used as an Aphrodisiac and Spermatogenic from the books – Kitaab-al-Haawi-fil-Tibb, Vol.XX by Abu Bakr Mohd.Bin Zakariya Razi (Unani Exhibit 1),Al-Qaanoon-fil-Tibb, Vol. II by Abu Ali Ibn Sina (Unani Exhibit 2),Kaamil-al-Sena'ah, Part II by Ali Ibn Abbas Majoosi(Unani Exhibit 3), Kitaab-al-Haawi-fil-Tibb, Vol.XX by Abu Bakr Mohd.Bin Zakariya Razi (Unani Exhibit 4),Khazaain-al-Advia, Vol II by Mohd. Najmul Ghani Khan(Unani Exhibit 5),Kitaab-al-Haawi-fil-Tibb, Vol.XXI Part I by Abu Bakr Mohd.Bin Zakariya Razi(Unani Exhibit 6),Quaraabaadeen Quaadri by Mohd. Akbar Arzani (Unani Exhibit 7),Quaraabaadeen Najm-al-Ghani by Mohd. Najmul Ghani Khan(Unani Exhibit 8)Muheet Azam, Vol. I by Mohd. Azam Khan(Unani Exhibit 9), Al-Qaanoon-fil-Tibb , Vol. II by Abu Ali Ibn Sina(Unani Exhibit 10) and Al-Qaanoon-fil-Tibb , Vol. V by Abu Ali Ibn Sina(Unani Exhibit 11).

2. Relevant Extract of EPO Examination report

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

“Art. 115

The Examining Division notes that third party observations have been filed with letter of 30.03.2010, received on 06.04.2010.

The Examining Division has taken the translated references and the corresponding comments into consideration.  However none of these exhibits discloses a composition comprising a combination of the four extracts as claimed in the p resent application.  It is also noted that the “useful parts” of the plants are not further specified in these exhibits.

It can therefore only be concluded from these documents that the use of the single ingredients ginger, radish, celery and black seed as aphrodisiac and/or spermatogenic is well-known in the prior art.”

Full examination report can be referred at EP1900372.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report the examination of the application is under process and reply is still awaited from the Applicant Luay, Rashan [JO], Jordan.