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 fatigue, tiredness and use as Strength promoting agent from the books – Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1), Sodhalanighantauh by Sodhala (Ayurveda, Exhibit 2), Dhanvantarinighantauh by Mahendra Bhaugika (Ayurveda, Exhibit 3), TherayarKappiyam by Therayar (Sidhha, Exhibit 4) and Therayar Maha Karisal (Sidhha, Exhibit 5).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3, 4 & 7 are reproduced below.

“D3 SODHALA: "Tial Taila Prayoga",
       TKDL, P.V. SHARMA, ORIENTAL INSTITUTE, BARODA, 1 January 1978 (1978-01-01), XP002598278,

The prior art documents D3, disclose fatigue relieving pharmaceutical compositions that comprise sesame and thus inherently comprise sesamin, which is naturally contained in sesame. Reference is made to the relevant passages cited in the Search Report for the respective documents.

The present application does not meet the requirements of Article 52(1) EPC because the subject-matter of independent claims 1, 3 and 6 does not involve an inventive step within the meaning of Article 56 EPC in the light of D1, D2 or D3 taken alone.

D3 teaches that sesame has a fatigue relieving effect. The problem to be solved starting from D3 is regarded as providing a further compound having anti-fatigue properties. A skilled person would have routinely tested the known bioactive components that have been described for sesame in order to find an anti-fatigue agent without the need of inventive skills and with high expectation of success. One such known compound is sesamin.

To meet the requirements of Rule 42(1 )(b) EPC, the documents D1-D18 should be identified in the description and the relevant background art disclosed therein should be briefly discussed.”

Full examination report can be referred at EP2135606.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 is under process and reply is still awaited from the Applicant Suntory Holdings Limited / Japan.