As per patent office journal dated 15/10/2021, patent number 378841 has been granted to DAICEL CORPORATION which is titled NUTRIENT COMPOSITION HAVING LIPID METABOLISM IMPROVING ACTION.
The primary independent claim of this patent states a nutritional composition comprising a cellulose acetate having a total degree of acetyl substitution of 0.4 to 1.1.
During the patent prosecution, the patent examiner objected to this patent under section 3(k) of the Indian Patents Act. The patent applicant responded to this objection by stating that the claims of the present invention relate to the nutrient composition comprising a cellulose acetate having a compositional distribution index (CDI) which is defined by a mathematical formula which is an essential technical feature of the claimed nutrient composition and not a mathematical formula per se as defined under section 3k of the Patents Act. Therefore, the claims of the present invention do not fall within the scope of Section 3(k) of the Act.
This patent falls under the category of Food. Overall, this patent covers a nutritional composition comprising a cellulose acetate having a total degree of acetyl substitution of 0.4 to 1.1. Further, the cellulose acetate comprises a cellulose acetate having a compositional distribution index (CDI) of 2.0 or less, where the compositional distribution index is specified by the formula: CDI = (Measured value of half height width of chemical composition)/(Theoretical value of half height width of chemical composition) wherein the measured value of half height width of chemical composition is a half height width of chemical composition determined by HPLC analysis of a cellulose acetate propionate prepared by propionylation all residual hydroxyl groups of the cellulose acetate and the theoretical value of half height width of chemical composition is specified by a formula.
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