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 Nigella sativa (Upakuncika) for Itching, diarrhoea, nausea, vomiting, dyspnoea, diseases of throat from the book – Kaamil-al-Sena'ah, Part II by Ali Ibn-e-Abbaas Majoosi (Unani, Exhibit 1), Chimittu Rathna churukkam by I.N.A (Siddha, Exhibit 2), Balavakadam by Agasthiyar (Siddha, Exhibit 3), Chikithsa Rathna Deepam by Kannusamy Pillai (Siddha, Exhibit 4), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 5), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 6) and Sodhalanighantauh by Sodhala (Ayurveda, Exhibit 7).

2. Relevant Extract of EPO Examination report

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

“Third Party Observation Article 115 EPC

A Third Party Observation has been filed in view of this application referring to 7 documents from the TKDL (Traditional Knowledge Digital Library).

Those documents appear to be of relevance, i.e. novelty destroying in view of claim 6 which claims the prevention and treatment of the symptoms of food allergy.”

Full examination report can be referred at EP2263664.pdf