Method of providing an essential oil extract of capsicum,...

Drug – bio-affecting and body treating compositions – Plant material or plant extract of undetermined constitution... – Containing or obtained from capsicum

Reexamination Certificate

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Reexamination Certificate

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06465022

ABSTRACT:

BACKGROUND OF THE INVENTION
The present invention relates to a method of providing an effective essential oil extract of capsicum that contains the natural capsaicinoid to terpene ratio for use in culinary, medicinal, and repellent formulations. The present invention also relates to the extract itself.
Terpenes are unsaturated hydrocarbon molecules composed of two or more isoprene units. The two most abundant natural sources of terpenes are turpentine and other essential oils. [TERPENOIDS, pp.709-710] Terpenes recovered from botanical sources have historically been used in adhesives, inks, coatings, and rubber. [AIGER]
Essential oils have been isolated from botanical sources for use in flavors, fragrances, and medicine since antiquity. The products derived from essential oils have large volume usage for specific applications. According to the Encyclopedia of Chemical Engineering, “Essential oils are concentrated, rectified, extracted, or chemically treated to further isolate vital components, purify, adjust properties, or increase the concentration of significant flavor or fragrance components.” [p. 309] The largest class of components that constitute the essential oil is the terpene. Whole or partial removal of nonflavor or undesirable components such as the terpenes yields a concentrated or folded oil. [Encyclopedia of Chemical Engineering, ESSENTIAL OIL, p. 309] “Although termed concentration, this process is, nevertheless, not merely a concentration in the ordinary sense, since the flavor body of the concentrate is always weaker than that of the complete essential oil, demonstrating that valuable products are lost in the course of removing the terpenes.” [Encyclopedia of Chemical Engineering, ESSENTIAL OIL, p. 310]
Processing methods for isolation and extraction of desired components from the essential oil may include solid-liquid or solid-vapor extraction, liquid-liquid or liquid-vapor extraction, and supercritical liquid extraction. In some cases both distillation and solvent extraction are needed for complete removal of terpenes. The basis for success of extraction processes is the difference in affinity for one component or material over another. [Encyclopedia of Food Science and Technology, EXTRACTION, pp. 791-793].
Capsaicin (8-methyl-N-vanillyl-nonenamide), isolated by Thresh in 1878 [THRESH], is the parent molecule of similarly structured alkaloids responsible for the pungent active principal in a variety of capsicum species. Historically, the cultivation of capsicum, and subsequent manufacture of capsicum products, for commercial use in culinary, medicinal, and repellent formulations has been primarily based on capsaicin content. [BOSLAND] Oleoresin capsicum is perhaps the most widely used product in the aforementioned formulations. Oleoresin capsicum is the alcoholic fraction of the ether extract of capsicum. In this process, alcohol is added to the ether (non-polar) extract and further distilled to separate and isolate capsaicinoids from undesired components.
Tandon [JOURNAL OF FOOD SCIENCE, p. 5] states, “In the industry, whole chili powder (intact with stems and seeds) is used for the manufacture of oleoresin of capsicum. The fatty-oil, which is recovered as a by-product and is rich in color (terpenes), is a waste product at present. Further, separation of this oil from the extract to recover the oleoresin, is an elaborate process.” The art teaches the removal of seeds and stems from whole capsicum used in the manufacture of oleoresin capsicum. This method eliminates the undesired fatty-oil components associated with the seeds and stems, facilitating the removal of color matter (terpenes) by a simple percolation method of extraction to produce a purer oleoresin. [TANDON] In the percolation method of extraction, a properly ground botanical is placed in an extractor with a removable bottom and a filter bed. The solvent is percolated either with or without heat for a predetermined period of time. The extract is drained and the solvent recovered by distillation and recycled. [Encyclopedia of Chemical Engineering, Vol. 16, pp 314] The art lists ether, hexane, chloroform, alcohol, and acetone as solvents preferred for the production of oleoresin capsicum.
The art does not teach the retention of the naturally occurring capsaicinoid to terpene ratio.
Veech [U.S. Pat. No. 5,629,045] discloses methods of extracting capsaicin from cayenne pepper for use as a repellent in wood and marine coating applications. Veech states, “Whole peppers from the capsicum genus . . . are extracted for their constituent capsaicinoids . . . .” [Embodiment 2, p. 8 of 10]
The art teaches that the capsaicinoids can be solvent extracted and subsequently partitioned from the dry plant with organic solvents including petroleum ether, alcohol, ethyl acetate, acetone, chloroform, methyl chloride, linseed oil, and supercritical fluids such as carbon dioxide. The process disclosed in the art involves two separate operations. First, capsicum powder and an organic solvent (polar or nonpolar) are heated under reflex using the Soxhlet extraction method (i.e., a modified, scaled-down version of the percolation method of extraction). Second, a solvent of opposite polarity (polar or nonpolar) is added to the extracted solution to further partition undesired components (nonpolar) and concentrate the desired capsaicinoid components. The process yields an oleoresin capsicum that may be mixed with wood or marine coatings. The art does not teach the retention of the naturally occurring capsaicinoid to terpene ratio.
Etscorn et al [U.S. Pat. No. 5,674,496] discloses a process that produces an essential oil solution for use in repellent applications. The patent lists several commercially available volatile organic solvents for use in the simple extraction process. The compatibility of the solvent with each coating material determines what solvent is selected for the extraction process. The preferred solvent serves in the extraction process, and facilitates the loading of each coating material with the repellent extract.
The art further discloses methods of increasing the potency of the repellent extract. First, commercially available habanero ground powder (constituents include seeds and stems) and a commercial volatile organic solvent are mixed/blended while heated. To promote potency, the mixture sits undisturbed between episodes of mixing, blending, and heating. The mixture is filtered, and the filtered solution is then combined with additional habanero powder and solvent. The extraction process is again repeated, resulting in a “double-treated” extract solution. The art teaches heating the mixture at a preferred temperature range of 60° C. to 75° C. prior to filtration.
The resultant extract/solvent solution is added to various coating materials. The examples provided in the art demonstrate that the extract/solvent solution constitutes 25% to 35% of the total repellent coating material.
The art does not teach the removal of non-essential components from the extract, which components are attributable to the grounded seeds and stems in the habanero powder used. The art does not teach the use of a universal solvent in the extraction process. Further, the art does not teach heating the repellent solution after filtration to eliminate solvent content. Yet further, the art does not disclose a temperature range of less than or equal to 64° C. for the retention of the natural capsaicinoid to terpene ratio characteristic of the essential oil.
The extract solution disclosed by Etscorn et al contains impurities or non-essential components that will have a negative impact on the efficacy and integrity of the repellent coating material. Additionally, the use of a different solvent for each specific extraction could be expensive and impractical in the industrial manufacture of the extract. Further, a repellent coating material containing 25% to 35% volatile organic solvent may violate

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