Appeal No. 2001-0901 Page 3
Application No. 08/937,297
BACKGROUND
The subject matter on appeal relates to a food colorant blend. The blend comprises a first food
colorant which is an aqueous solution of water soluble annatto with a pH of about 12.5 to 13.5 and a
total solids content of about 14-18%, and a second food colorant which is an aqueous caramel
solution with a pH of about 6.5 to 6.9, a solids content of about 35 to 55%, and an ammonium content
of less than 0.05%. These two colorants are combined such that the weight ratio of the first colorant
(i.e., annatto) to the second colorant (i.e., caramel) ranges from 1:1 to 4:1, and the blend has a pH from
about 9.1 to 10. Appellants teach that it is essential that the blended product have a pH of about 9.1 to
10 (see specification, page 8, lines 20-22 and brief, page 3) in order to overcome problems
experienced with previous attempts to use an annatto- caramel colorant (see specification, pages 3-5
and brief page 4).
Claim 1 is representative of the subject matter on appeal and is reproduced below:
1. A food colorant blend comprising:
A. a first colorant comprising an aqueous solution of water soluble annatto having a pH
ranging from about 12.5 to 13.5 and a total solids content of about 14 to 18%,
B. a second colorant comprising an aqueous caramel solution having a solids content of
about 35 to 55%, a pH of about 6.5 to 6.9, and an ammonia content of less than
0.05%,
wherein the weight ratio to first colorant to second colorant ranges from about
one part of first colorant to one part second colorant to about four parts first
colorant to second colorant (1-4:1), and
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Last modified: November 3, 2007