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 Cow milk and butter milk (source of k-casein) for the treatment of Diabetes mellitus from the books – Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1), Therayar Venba by Therayar (Siddha, Exhibit 2), Therayar Kudineer by Therayar (Siddha, Exhibit 3 & 4), Kannusamiyam by Kannusamy Pillai (Siddha, Exhibit 5) and Rasatantrasarah Evam Siddhaprayogasamgrahah (Ayurveda, Exhibit 6)

2. Relevant extract of EPO Examination Report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 3 are reproduced below.

“Inventive Step (Art. 56 EPC)

Both documents are highly relevant for the assessment of inventiveness also taken into account the already cited documents from the Traditional Knowledge Database.

       This finding is not only based on the disclosure of documents from the Traditional Knowledge Database (for which sufficient evidence has been provided that those documents were indeed available before the priority date).”

Full examination report can be referred at EP1941899-III.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the Applicant M/s MORINAGA MILK INDUSTRY CO., LTD. / Japan amended the claims on 24.01.2013 and Application was deemed to be withdrawn on 16.04.2015 and closed on 22.7.2015.