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 (Tila), for the treatment of cancer and diabetes from the books – Anuboga Vaithiya Navaneetham by Abdulla Sahib (Siddha, Exhibit 1), Agathiar vaithia rathna churukkam 300 by Agasthiyar (Siddha, Exhibit 2), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 3) and Basavarajiyam by Basavaraja (Ayurveda Exhibit 4).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 are reproduced below.

“D13- D16 were introduced by the examiner. It is annexed to the notice as an appendix.
The numbering is maintained even in the other cases.

D13: Abdulla Sahib; Anugoba Vaithiya Navaneetham, Pub: Palani Thandayuthapani Devasthanam publications, Directorate of Indian system of medicine, Chennai. (1975). page 75
Formulation ID: SR09/102
Formulation name: Megaathy Usitham

D14: Agasthiyar; Agathiar vaithia rathna churukkam 300, Ed Dr, Radhakrishnan Ed: &
Pub: Rathina Nayakar & sons, Thirumagal vilakku press, Chennai (1970) page 84
Formulation ID: GR02/59
Formulation Name: Mega Noikku Ennai

D15: Bharata Bhaisajya Ratnakara – Compiled by Naginadasa Chaganalala Saha, Translated by Gopinath Gupta – Vol V: B. “Jain Publishers, New Delhi, Edn. 2nd.
Reprint, August 1999. Page 711
Formulation ID: HG/2120C
Formulation Name: Vrhadvamgesvarorasah (Kasturimodakah)

D16: Basavaraja; Basavarajiyam-Chaukhambha Sanskrit Pratisthan, Delhi; Edn. 1st.
Reprint 2005 page 356
Formulation ID: VK1/923A
Formulation Name: Nimbadi Curnam

Is known the use of sesame by D13-D16 as a means of therapeutic treatment of diseases which are selected from the group including cancers and diabetes.

D13 discloses a therapeutic composition containing sesame seeds and other herbal ingredients.The composition is for the treatment of Diseases e.g. Diabetes.

D14 discloses a therapeutic composition containing sesame seeds, Milk and Extract Plumbago. The composition is for the treatment of Diseases e.g. Penile cancer.

D15 discloses a therapeutic composition containing sesame seeds, Milk and other herbal ingredients. The composition is for the treatment of Diseases e.g. Diabetes.

D16 discloses a therapeutic composition containing sesame seeds and other herbal ingredients. The composition is for the treatment of Diseases e.g. Diabetes and geriatric diseases.”

Full examination report can be referred at EP2094094.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 F. Coy, Johannes F. , Mestemacher GmbH / Germany, decided not to pay the renewal fee of his 6 years old application filed on 07.12.2007, which he did pay for 6 years. Application was deemed to be withdrawn on 07.08.2013 and closed on 13-Nov-13.