Indian Patents. 235168:TEA-BASED BEVERAGE

Title of Invention	TEA-BASED BEVERAGE
Abstract	N/A

Full Text	F3359 FORM - 2 THE PATENTS ACT, 1970 (39 of 1970) & The Patents Rules, 2003 COMPLETE SPECIFICATION (See Section 10 and Rule 13) TEA-BASED BEVERAGE HINDUSTAN LEVER LIMITED, a company incorporated under the Indian Companies Act, 1913 and having its registered office at Hindustan Lever House, 165/166, Backbay Reclamation, Mumbai -400 020, Maharashtra, India The following specification particularly describes the invention and the manner in which it is to be performed WO 2006/008047 PCT/EP2005/007611 - 1 - TEA-BASED BEVERAGE The present invention relates to an ambient stable tea-based beverage. 5 BACKGROUND AND PRIOR ART In recent years there has been an ever increasing choice for consumers who wish to quench their' thirst with ready made 10 beverages. Many of those are now turning from the well known soft drinks to tea based beverages, be those carbonated or still, and the "natural" refreshment they can provide. Tea contains a complex combination of enzymes, biochemical 15 intermediates and structural elements normally associated with plant growth and photosynthesis. There are also many natural substances that give tea its unique taste, astringency, aroma and colour. Many of these are produced by the oxidation reactions that occur during the so-called fermentation stage of black tea 20 manufacture. Tea production has long been driven by traditional processing methods with only a fundamental understanding of the chemistry that is involved. As a consequence manufacturers have discovered making ambient stable tea based beverages at the volumes required to compete with more traditional soft drinks is 25 not simply a matter of flavouring a soft drink with tea. The flavour of a tea based beverage and its stability rely on the stability of the beverage as a whole. It is therefore critical to preserve the quality of the beverage. The yeamolds 30 that can grow in tea based beverages and other soft drinks can be killed or controlled by heat treatment or by use of preservatives. Some tea based beverages are therefore WO 2006/008047 PCT/EP2005/007611 - 2 - pasteurised and then bottled in glass or special heat stable PET containers. This is known as "hot filling". Unfortunately this can be an expensive operation which creates a great deal of environmentally unfriendly waste. It has therefore become more 5 attractive for manufacturers to pack their tea based products in standard PET containers which can range from single serve units to multi-serve packs and maintain the stability of the product using tailor made flavour and preservative systems. This is known as "cold filling". It is also useful in that one can 10 readily use a tea concentrate or powder. » Potassium sorbate is well known preservative. It is a mold and yeast inhibitor and one of the few legally permitted preservatives of soft drinks and fruit juices. It has been 15 listed in the UK Preservatives in Food regulations since at least 1962. The levels of use tend to be in the range of 100-1000 ppm. That has been found to be an effective antimicrobial agent in a variety of foods including carbonated beverages in certain fruit and vegetable products, including wines. It is sorbic acid that 2 0 is the effective agent. Another well-known preservative is sodium benzoate. Unfortunately even moderate levels of sorbic or benzoic acid can seriously affect the flavour of a tea based beverage. Adding a 25 strong flavour such as lemon can offset the preservative taste. However consumers are keen to experience other flavours, often more delicate flavours. Furthermore, some of those consumers that were drawn to tea based products as a more healthy and natural alternative to soft drinks would reduce their intake of 30 preservatives generally. WO 2006/008047 PCT/EP2005/007611 - 3 - Many countries have regulations that prohibit the use of certain food additives, including some preservatives, in foods and beverages. Regulations can vary widely but there is a clear trend for foods to contain fewer and lower levels of chemical 5 preservatives, particularly synthetic ones. W0 01/87095 suggests a tea based beverage, that contains a preservative system comprising 1 to 175 ppm cinnamic acid, 10 to 200 ppm sorbic acid or benzoic acid, and at least one essential 10 oil other than cinnamic acid. When the beverage is tea based it preferably contains 0.01 to 3% tea solids, especially about 0.14% tea solids. However, whilst cinnamic acid has allowed reduced levels of 15 sorbic acid or benzoic acid, it has its own taste problems at concentrations where it has an effective preservative action. US 3,681,091 teaches that polyphosphates can be used as a preservative in beverages. 20 WO 95/22910 and WO 96/26648 suggest using high levels of a food grade polyphosphate in combination with high levels of a preservative such as sorbic or benzoic acid. 25 WO 01/00048 teaches that long chain polyphosphates give a superior preservative action and can allow the level of preservative to be reduced. However, it teaches that a level of at least 625 ppm long-chain polyphosphate is required for satisfactory yeast and mold inhibition. Therefore it teaches 30 that a still higher level of short chain polyphosphate would be required. WO 2006/008047 l»CT/EI,2005/0076ll - 4 - However, none of the prior art documents teach the a tea based beverage made by a "cold filling" technique which has a good shelf life and good taste. 5 The present inventors have discovered that polyphosphates also have a low taste threshold and that, when combined with a specific preservative system give a good shelf life at unusually low levels, thus providing good taste. 10 DETAILED DESCRIPTION OF THE INVENTION The beverage The term "tea based beverage" describes a beverage that contains 15 the solid extracts of leaf material from Camellia sinensis, Camellia assamica, or Aspalathus linearis. The leaves may have subjected to a so-called "fermentation" step wherein they are oxidised by certain endogenous enzymes that are released during the early stages of "black tea" manufacture. This oxidation may 20 even be supplemented by the action of exogenous enzymes such as oxidases, laccases and peroxidases. Alternatively the leaves may have been partially fermented ("oolong" tea) or substantially unfermented ("green tea") . The tea may be added to the beverage in various forms including an extract, a concentrate, a powder 25 as granules. Adding tea to media often increases the risk of microbial spoilage. This is probably because tea provides nutrients for microbial growth. Most microbes that can typically grow in te 30 based leverages thrive on sugary a source of nitrogen, oxygen, zinc, ifagnesium, potassium, phosphate and vitamins. It is therefore advantageous to limit the sugar content to 8 to 10 WO 2006/008047 PCT/EP2005/007611 - 5 - degrees brix, however one could use up to 60 degrees brix when the product is a tea mix. Oxygen content can be minimised by pre-pasteurisation or some heat treatment or nitrogen sparging. The mineral content of a tea based beverage can be minimised 5 using EDTA, citrate, or a water softener. For example microbes can grow in tea if the concentration of magnesium ions exceeds 0.2 ppm, and they only need trace levels of zinc. One must be careful using citrate for this purpose as it can affect taste. 10 At low concentrations, such 0.01 to 3%, tea acts as a nutrient that enhances the potential for microbial spoilage. This is unexpected given the known antibacterial and antiviral properties of tea. It is not until one exceeds a concentration of 3% that tea begins to suppress the growth of yeasts and molds. 15 An acidulant for the purposes of this invention can be any substance that is added in order to lower the pH of a solution and/or impart a sour taste to a beverage. They are usually weak acids such as citric, malic, acetic, succinic, fumaric, lactic, 20 tartaric, ascorbic acids or dilute mineral acids such as hydrochloric, phosphoric or sulphuric acid. In concentrations as high as 3,000 ppm they tend to have a slight if any antimicrobial effect. 25 However, for the purposes of the present invention it is highly preferred that no ascorbic acid is present, i.e. 0 ppm. Ambient-stable tea based beverages of the invention may be stili or carbonated. Carbonation appears to provide a preservative 30 effect in itself and therefore the formulation of a carbonated product need not be the same as a still one. The present inventors have observed that carbonation appears to WO 2006/008047 PCT/EP2005/007611 - 6 - synergistically increase the antimicrobial action of cinnamic acid and at least some weak acid preservatives such as sorbic acid. The partially dissolved carbon dioxide may impair cell wall growth. 5 The polyphosphate The polyphosphate of the present invention is one having the formula M- C-MP04-]n-M, where n is from 5 to 22 and M is 10 independently selected from the sodium and potassium atoms. Preferably n is from 7 to 20, or even from 10 to 20. It has been found that in tea-based beverages, a concentration above 280 ppm has a negative taste effect. Therefore the level 15 of polyphosphate is from 100 to 280ppm. When combined with a preservative system, this level also gives good shelf life. Preferably the level of polyphosphate is from 100 to 250ppm. The preservative system 20 The preservative system of the present invention comprises very low levels of both potassium sorbate and sodium benzoate. Specifically, both are present at levels of from 100 to 300 ppm, preferably from 100 to 250ppm, more preferably from 100 to 200 25 ppm. This ensures that no negative taste effects are observed. WO 2006/008047 PCT/EP2005/007611 - 7 - EXAMPLES The following non-carbonated water-based beverage was made up: 5 The beverage was packaged in several PET bottles and was stored at a range of temperatures. The taste was evaluated over various time periods to measure the shelf-life. The following taste 10 scores were obtained. It can be seen that acceptable taste scores are achieved for up to 6 months shelf-life at ambient temperatures. 15 Taste Score The taste score is marked by a trained expert panel in the following manner. WO 2006/008047 PCT/EP2005/00761J - 8 - CLAIMS 5 1. An ambient stable tea-based beverage having a pH of from 1 to 4.5 comprising (a) from 0.01 to 3 wt% tea solids (b) from 100 to 300 ppm sorbic acid 10 (c) from 100 to 300 ppm benzoic acid (d) from 100 to 280 ppm of a polyphosphate having the formula M- [-MP04-]n-M, where n is from 5 to 22 and M is independently selected from the sodium and potassium atoms. 15 2. A beverage according to claim 1, which comprises 0 ppm ascorbic acid. 3. A beverage according to claim 1 or claim 2, wherein n is 2 0 from 7 to 20.

Full Text

F3359
FORM - 2
THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003
COMPLETE SPECIFICATION
(See Section 10 and Rule 13)
TEA-BASED BEVERAGE
HINDUSTAN LEVER LIMITED, a company incorporated under the Indian Companies Act, 1913 and having its registered office at Hindustan Lever House, 165/166, Backbay Reclamation, Mumbai -400 020, Maharashtra, India
The following specification particularly describes the invention and the manner in which it is to be performed

WO 2006/008047

PCT/EP2005/007611

- 1 -
TEA-BASED BEVERAGE
The present invention relates to an ambient stable tea-based beverage.
5
BACKGROUND AND PRIOR ART
In recent years there has been an ever increasing choice for consumers who wish to quench their' thirst with ready made
10 beverages. Many of those are now turning from the well known
soft drinks to tea based beverages, be those carbonated or still, and the "natural" refreshment they can provide.
Tea contains a complex combination of enzymes, biochemical
15 intermediates and structural elements normally associated with plant growth and photosynthesis. There are also many natural substances that give tea its unique taste, astringency, aroma and colour. Many of these are produced by the oxidation reactions that occur during the so-called fermentation stage of black tea
20 manufacture. Tea production has long been driven by traditional processing methods with only a fundamental understanding of the chemistry that is involved. As a consequence manufacturers have discovered making ambient stable tea based beverages at the volumes required to compete with more traditional soft drinks is
25 not simply a matter of flavouring a soft drink with tea.
The flavour of a tea based beverage and its stability rely on the stability of the beverage as a whole. It is therefore critical to preserve the quality of the beverage. The yeamolds
30 that can grow in tea based beverages and other soft drinks can be killed or controlled by heat treatment or by use of preservatives. Some tea based beverages are therefore

WO 2006/008047

PCT/EP2005/007611

- 2 -
pasteurised and then bottled in glass or special heat stable PET containers. This is known as "hot filling". Unfortunately this can be an expensive operation which creates a great deal of environmentally unfriendly waste. It has therefore become more
5 attractive for manufacturers to pack their tea based products in standard PET containers which can range from single serve units to multi-serve packs and maintain the stability of the product using tailor made flavour and preservative systems. This is known as "cold filling". It is also useful in that one can
10 readily use a tea concentrate or powder.
»
Potassium sorbate is well known preservative. It is a mold and yeast inhibitor and one of the few legally permitted preservatives of soft drinks and fruit juices. It has been
15 listed in the UK Preservatives in Food regulations since at least 1962. The levels of use tend to be in the range of 100-1000 ppm. That has been found to be an effective antimicrobial agent in a variety of foods including carbonated beverages in certain fruit and vegetable products, including wines. It is sorbic acid that
2 0 is the effective agent. Another well-known preservative is sodium benzoate.
Unfortunately even moderate levels of sorbic or benzoic acid can seriously affect the flavour of a tea based beverage. Adding a
25 strong flavour such as lemon can offset the preservative taste. However consumers are keen to experience other flavours, often more delicate flavours. Furthermore, some of those consumers that were drawn to tea based products as a more healthy and natural alternative to soft drinks would reduce their intake of
30 preservatives generally.

WO 2006/008047

PCT/EP2005/007611

- 3 -
Many countries have regulations that prohibit the use of certain food additives, including some preservatives, in foods and beverages. Regulations can vary widely but there is a clear trend for foods to contain fewer and lower levels of chemical
5 preservatives, particularly synthetic ones.
W0 01/87095 suggests a tea based beverage, that contains a preservative system comprising 1 to 175 ppm cinnamic acid, 10 to 200 ppm sorbic acid or benzoic acid, and at least one essential
10 oil other than cinnamic acid. When the beverage is tea based it preferably contains 0.01 to 3% tea solids, especially about 0.14% tea solids.
However, whilst cinnamic acid has allowed reduced levels of
15 sorbic acid or benzoic acid, it has its own taste problems at concentrations where it has an effective preservative action.
US 3,681,091 teaches that polyphosphates can be used as a preservative in beverages.
20
WO 95/22910 and WO 96/26648 suggest using high levels of a food grade polyphosphate in combination with high levels of a preservative such as sorbic or benzoic acid.
25 WO 01/00048 teaches that long chain polyphosphates give a superior preservative action and can allow the level of preservative to be reduced. However, it teaches that a level of at least 625 ppm long-chain polyphosphate is required for satisfactory yeast and mold inhibition. Therefore it teaches
30 that a still higher level of short chain polyphosphate would be required.

WO 2006/008047

l»CT/EI,2005/0076ll

- 4 -
However, none of the prior art documents teach the a tea based
beverage made by a "cold filling" technique which has a good shelf life and good taste.
5 The present inventors have discovered that polyphosphates also have a low taste threshold and that, when combined with a specific preservative system give a good shelf life at unusually low levels, thus providing good taste.
10 DETAILED DESCRIPTION OF THE INVENTION The beverage
The term "tea based beverage" describes a beverage that contains 15 the solid extracts of leaf material from Camellia sinensis,
Camellia assamica, or Aspalathus linearis. The leaves may have subjected to a so-called "fermentation" step wherein they are oxidised by certain endogenous enzymes that are released during the early stages of "black tea" manufacture. This oxidation may
20 even be supplemented by the action of exogenous enzymes such as oxidases, laccases and peroxidases. Alternatively the leaves may have been partially fermented ("oolong" tea) or substantially unfermented ("green tea") . The tea may be added to the beverage in various forms including an extract, a concentrate, a powder
25 as granules.
Adding tea to media often increases the risk of microbial spoilage. This is probably because tea provides nutrients for microbial growth. Most microbes that can typically grow in te
30 based leverages thrive on sugary a source of nitrogen, oxygen, zinc, ifagnesium, potassium, phosphate and vitamins. It is therefore advantageous to limit the sugar content to 8 to 10

WO 2006/008047

PCT/EP2005/007611

- 5 -
degrees brix, however one could use up to 60 degrees brix when the product is a tea mix. Oxygen content can be minimised by pre-pasteurisation or some heat treatment or nitrogen sparging. The mineral content of a tea based beverage can be minimised
5 using EDTA, citrate, or a water softener. For example microbes can grow in tea if the concentration of magnesium ions exceeds 0.2 ppm, and they only need trace levels of zinc. One must be careful using citrate for this purpose as it can affect taste.
10 At low concentrations, such 0.01 to 3%, tea acts as a nutrient that enhances the potential for microbial spoilage. This is unexpected given the known antibacterial and antiviral properties of tea. It is not until one exceeds a concentration of 3% that tea begins to suppress the growth of yeasts and molds.
15
An acidulant for the purposes of this invention can be any substance that is added in order to lower the pH of a solution and/or impart a sour taste to a beverage. They are usually weak acids such as citric, malic, acetic, succinic, fumaric, lactic,
20 tartaric, ascorbic acids or dilute mineral acids such as
hydrochloric, phosphoric or sulphuric acid. In concentrations as high as 3,000 ppm they tend to have a slight if any antimicrobial effect.
25 However, for the purposes of the present invention it is highly preferred that no ascorbic acid is present, i.e. 0 ppm.
Ambient-stable tea based beverages of the invention may be stili or carbonated. Carbonation appears to provide a preservative
30 effect in itself and therefore the formulation of a carbonated product need not be the same as a still one. The present inventors have observed that carbonation appears to

WO 2006/008047

PCT/EP2005/007611

- 6 -
synergistically increase the antimicrobial action of cinnamic acid and at least some weak acid preservatives such as sorbic acid. The partially dissolved carbon dioxide may impair cell wall growth.
5
The polyphosphate
The polyphosphate of the present invention is one having the formula M- C-MP04-]n-M, where n is from 5 to 22 and M is
10 independently selected from the sodium and potassium atoms. Preferably n is from 7 to 20, or even from 10 to 20.
It has been found that in tea-based beverages, a concentration above 280 ppm has a negative taste effect. Therefore the level
15 of polyphosphate is from 100 to 280ppm. When combined with a preservative system, this level also gives good shelf life. Preferably the level of polyphosphate is from 100 to 250ppm.
The preservative system 20
The preservative system of the present invention comprises very low levels of both potassium sorbate and sodium benzoate. Specifically, both are present at levels of from 100 to 300 ppm,
preferably from 100 to 250ppm, more preferably from 100 to 200 25 ppm. This ensures that no negative taste effects are observed.

WO 2006/008047 PCT/EP2005/007611
- 7 -
EXAMPLES
The following non-carbonated water-based beverage was made up:

5
The beverage was packaged in several PET bottles and was stored at a range of temperatures. The taste was evaluated over various time periods to measure the shelf-life. The following taste
10 scores were obtained.

It can be seen that acceptable taste scores are achieved for up to 6 months shelf-life at ambient temperatures.
15
Taste Score
The taste score is marked by a trained expert panel in the
following manner.

WO 2006/008047 PCT/EP2005/00761J
- 8 -
CLAIMS
5
1. An ambient stable tea-based beverage having a pH of from 1
to 4.5 comprising
(a) from 0.01 to 3 wt% tea solids
(b) from 100 to 300 ppm sorbic acid
10 (c) from 100 to 300 ppm benzoic acid
(d) from 100 to 280 ppm of a polyphosphate having the
formula M- [-MP04-]n-M, where n is from 5 to 22 and M
is independently selected from the sodium and potassium atoms.
15
2. A beverage according to claim 1, which comprises 0 ppm
ascorbic acid.
3. A beverage according to claim 1 or claim 2, wherein n is
2 0 from 7 to 20.

Documents:

83-MUMNP-2007-CANCELLED PAGES(01-09-2008).pdf

83-mumnp-2007-claim.pdf

83-MUMNP-2007-CLAIMS(01-09-2008).pdf

83-MUMNP-2007-CLAIMS(18-1-2007).pdf

83-mumnp-2007-claims(granted)-(26-6-2009).pdf

83-mumnp-2007-claims.doc

83-MUMNP-2007-CORRESPONDENCE 1(29-12-2008).pdf

83-MUMNP-2007-CORRESPONDENCE(01-09-2008).pdf

83-MUMNP-2007-CORRESPONDENCE(11-2-2009).pdf

83-MUMNP-2007-CORRESPONDENCE(2-3-2009).pdf

83-MUMNP-2007-CORRESPONDENCE(24-5-2007).pdf

83-MUMNP-2007-CORRESPONDENCE(24-8-2007).pdf

83-MUMNP-2007-CORRESPONDENCE(29-12-2008).pdf

83-mumnp-2007-correspondence(ipo)-(13-7-2009).pdf

83-mumnp-2007-correspondence-others.pdf

83-mumnp-2007-correspondence-received.pdf

83-mumnp-2007-description (complete).pdf

83-MUMNP-2007-DESCRIPTION(COMPLETE)-(01-09-2008).pdf

83-mumnp-2007-description(granted)-(26-6-2009).pdf

83-MUMNP-2007-FORM 1(01-09-2008).pdf

83-mumnp-2007-form 1(24-8-2007).pdf

83-mumnp-2007-form 13(24-8-2007).pdf

83-MUMNP-2007-FORM 18(24-5-2007).pdf

83-mumnp-2007-form 2(01-09-2007).pdf

83-mumnp-2007-form 2(granted)-(26-6-2009).pdf

83-MUMNP-2007-FORM 2(TITLE PAGE)-(01-09-2008).pdf

83-MUMNP-2007-FORM 2(TITLE PAGE)-(18-1-2007).pdf

83-mumnp-2007-form 2(title page)-(granted)-(26-6-2009).pdf

83-MUMNP-2007-FORM 3(01-09-2008).pdf

83-MUMNP-2007-FORM 5(01-09-2008).pdf

83-mumnp-2007-form-1.pdf

83-mumnp-2007-form-2.doc

83-mumnp-2007-form-2.pdf

83-mumnp-2007-form-3.pdf

83-mumnp-2007-form-5.pdf

83-MUMNP-2007-OTHER DOCUMENT(01-09-2008).pdf

83-mumnp-2007-pct-isa-237.pdf

83-mumnp-2007-pct-isa-seperate sheet-237.pdf

83-mumnp-2007-pct-search report.pdf

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Patent Number

235168

Indian Patent Application Number

83/MUMNP/2007

PG Journal Number

30/2009

Publication Date

24-Jul-2009

Grant Date

26-Jun-2009

Date of Filing

18-Jan-2007

Name of Patentee

HINDUSTAN UNILEVER LIMITED

Applicant Address

Hindustan Lever House, 165/166,Backbay Reclamation, Mumbai

Inventors:

#	Inventor's Name	Inventor's Address
1	MACKAY JAMES	Unilever R&D Colworth, Sharnbrook,Bedford MK44 1LQ
2	STRATFORD MALCOLM	1Bridge Street, Raunds, East Northants, NN9 6HZ

PCT International Classification Number

A23F3/16

PCT International Application Number

PCT/EP2005/007611

PCT International Filing date

2005-07-11

PCT Conventions:

#	PCT Application Number	Date of Convention	Priority Country
1	0416200.4	2004-07-20	U.K.