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Patent 2166626 Summary

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(12) Patent Application: (11) CA 2166626
(54) English Title: ALCOHOLIC, READY-TO-FREEZE BEVERAGE
(54) French Title: BOISSON ALCOOLISEE PRETE A ETRE REFRIGEREE
Status: Deemed Abandoned and Beyond the Period of Reinstatement - Pending Response to Notice of Disregarded Communication
Bibliographic Data
(51) International Patent Classification (IPC):
  • A23G 9/04 (2006.01)
  • A23G 9/52 (2006.01)
  • B32B 15/08 (2006.01)
  • B65D 30/26 (2006.01)
  • B65D 75/26 (2006.01)
  • C12H 1/00 (2006.01)
(72) Inventors :
  • KLOSE, SHARI (United States of America)
  • TAYLOR, MICHAEL ANTHONY (United States of America)
(73) Owners :
  • BROWN-FORMAN CORPORATION
(71) Applicants :
  • BROWN-FORMAN CORPORATION (United States of America)
(74) Agent: ROBIC AGENCE PI S.E.C./ROBIC IP AGENCY LP
(74) Associate agent:
(45) Issued:
(86) PCT Filing Date: 1995-10-13
(87) Open to Public Inspection: 1996-04-25
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/US1995/013242
(87) International Publication Number: WO 1996011578
(85) National Entry: 1996-01-04

(30) Application Priority Data:
Application No. Country/Territory Date
08/321,885 (United States of America) 1994-10-14
08/541,085 (United States of America) 1995-10-11

Abstracts

English Abstract


A ready-to-freeze, packaged alcoholic beverage
having a pH of about 3.0 - about 5.0 including an
alcohol, sugar, a flavoring, water, a stabilizer
blend of a locust bean gum, guar gum and, optionally,
pectin, and other ingredients. The beverage is
shelf-stable and can be frozen in a freezer to
produce a frozen or semi-frozen, slushy cocktail
which retain its consistency for a prolonged time
period. Also disclosed is a container for packaging
the beverage.


French Abstract

Une boisson alcoolisée conditionnée et prête à être réfrigérée présente un pH d'environ 3,0 à environ 5,0 et comprend de l'alcool, du sucre, un aromatisant, de l'eau et un mélange stabilisant de gomme de graine de caroube, de gomme de guar et, éventuellement, de pectine, ainsi que d'autres ingrédients. Cette boisson se conserve longtemps et peut être réfrigérée dans un réfrigérateur pour produire un cocktail épais glacé ou semi-glacé conservant sa consistance pendant une période prolongée. L'invention concerne également un récipient utilisé pour conditionner ladite boisson.

Claims

Note: Claims are shown in the official language in which they were submitted.


- 47 -
CLAIMS:
1. A ready-to-freeze alcoholic beverage having
pH of about 3.0 to about 5.0, proof of about 6 to
about 28 and comprising:
a. a beverage alcohol;
b. a stabilizer blend comprised of: locust
bean gum and guar gum;
c. a flavoring;
d. at least one sugar; and
e. deionized water.
2. An alcoholic beverage of claim 1, wherein
the stabilizer additionally comprises pectin.
3. An alcoholic beverage of claim 1 having
proof of about 8 to about 14.
4. An alcoholic beverage of claim 2 having
proof of about 8 to 14.
5. An alcoholic beverage of claim 1 having
proof of about 11 to about 13.
6. An alcoholic beverage of claim 2 having
proof of about 11 to about 13.
7. An alcoholic beverage of claim 1 comprising
about 0.04 to about 0.13% by weight of the stabilizer
blend.
8. An alcoholic beverage of claim 1, wherein
the sugar comprises sucrose, fructose and dextrose.
9. An alcoholic beverage of claim 1, wherein
the sugar comprises sucrose and high fructose corn
syrup.
10. An alcoholic beverage of claim 9 wherein
the high fructose corn syrup comprises dextrose,
fructose, maltose and higher saccharides.
11. An alcoholic beverage of claim 1, wherein
the beverage alcohol is a monohydric beverage
alcohol.

- 48 -
12. An alcoholic beverage of claim 1, wherein
the beverage alcohol is provided by an alcoholic
beverage selected from the group consisting of grain
neutral spirits, vodka, whisky, rum, tequila, wine,
malt beverage and Other Than Standard wine.
13. An alcoholic beverage of claim 12, wherein
the Other Than Standard wine is an orange or other
fruit source Other Than Standard wine.
14. An alcoholic beverage of claim 1 comprising
sugar content measured in Brix of about 12 to about
19°.
15. An alcoholic beverage of claim 1, which
comprises, as the stabilizer blend, about 0.025 to
about 0.090% by weight of locust bean gum and about
0.005 to about 0.5% by weight of guar gum.
16. An alcoholic beverage of claim 15, which
comprises, as the stabilizer blend, about 0.030 to
about 0.06% by weight of locust bean gum and about
0.010 to about 0.30% by weight of guar gum.
11. An alcoholic beverage of claim 1, which
consists essentially of about 0.025 to about 0.090%
by weight of locust bean gum and about 0.005 to about
0.5% by weight of guar gum, as the stabilizer blend.
18. An alcoholic beverage of claim 2, which
comprises, as the stabilizer blend, about 0.025 to
about 0.090% by weight of locust bean gum, about
0.005 to about 0.5% by weight of guar gum and about
0.003 to about 0.1% by weight of pectin.
19. An alcoholic beverage of claim 18, which
comprises as the stabilizer blend, about 0.030 to
about 0.06% by weight of locust bean gum, about 0.010
to about 0.30% by weight of guar gum and about 0.003
to about 0.075% by weight of pectin.
20. An alcoholic beverage of claim 2, which
consists essentially of about 0.025 to about 0.090%

- 49 -
by weight of locust bean gum, about 0.005 to about
0.5% by weight of guar gum, and about 0.003 to about
0.1% by weight of pectin, as the stabilizer blend.
21. An alcoholic beverage of claim 1, which
additionally comprises more than one flavoring agent.
22. An alcoholic beverage of claim 1, which
additionally comprises at least one acidulant.
23. A method of preparing a ready-to-freeze
alcoholic beverage comprising:
a. blending a stabilizer blend, comprised
of a locust bean gum and guar gum, with about 5-20%
of total dry sugar used in the beverage;
b. adding the resulting mixture to
approximately 25% portion of a water phase,
comprising deionized water;
c. adding the remainder of the dry sugar
to produce a sugar/stabilizer slurry;
d. heating the sugar/stabilizer slurry to
a temperature of about 149°- about 190°F;
e. cooling the slurry to a temperature of
about 100°F; and
f. adding the resulting cooled slurry to a
balance of the alcoholic beverage formulation
comprising: deionized water, a flavoring and a
beverage alcohol.
24. A method of claim 23, wherein the
stabilizer blend comprises pectin.
25. A method of claim 23, wherein in the step
e. the balance of the alcoholic beverage comprises a
preservative, a clouding agent, an acidulant and a
colorant.
26. A container comprising the following multi-
layered structure:
(a) polyester film;
(b) aluminum foil;

- 50 -
(c) polyester film;
(d) linear low density polyethylene film
or linear low density polyethylene which includes
octene and ethylene.
27. A container of claim 26 additionally
comprising a layer of an adhesive between each of the
layers.
28. A container of claim 26, wherein the layer
(a) has the thickness of about 0.00040 - about
0.00060 inches; the layer (b) has the thickness of
about 0.0004 - about 0.0006 inches; the layer (c) has
the thickness of about 0.00040 - about 0.00060
inches; and the layer (d) has the thickness of about
0.0020 - about 0.0040 inches.
29. A container of claim 26, wherein said
polyester film is reverse gravure printed.
30. A container comprising the following multi-
layered structure:
(a) a Nylon film;
(b) a Nylon/ethylene/vinyl alcohol co-
extruded layer film;
(c) a linear low density polyethylene
film.
31. A container of claim 30 additionally
comprising a layer of an adhesive between each of the
layers.
32. A container of claim 30, wherein the layer
(a) has the thickness of about 0.0060 - about 0.0080
inches; the layer (b) has the thickness of about
0.0009 - about 0.0011 inches; and the layer (c) has
the thickness of about 0.0020 - about 0.0030 inches.
33. The container of claim 30, wherein said
Nylon film is reverse qravure printed.
34. A container comprising the following multi-
layered structure:

- 51 -
(a) a Nylon film;
(b) aluminum foil;
(c) a copolymer of ethylene and propylene
film.
35. A container of claim 34 additionally
comprising a layer of adhesive between each of the
layers.
36. A container of claim 34, wherein the layer
(a) has the thickness of about 0.0005 - about 0.0007
inches; the layer (b) has the thickness of about
0.0006 - about 0.0008 inches; and the layer (c) has
the thickness of about 0.0020 - about 0.0040 inches.
37. The container of claim 34, wherein said
Nylon film is reverse gravure printed.

Description

Note: Descriptions are shown in the official language in which they were submitted.


2166~2~
~ usss/l3242--
- ALCOHO~IC, READY-TO-FREEZE ~EVERAG~
CRO89-REFERENCE TO RELATED APPLICATrONS
This is a continuation-in-part Oe U.S. Patent
Application, Serial Number 08/321,885, filed
October 14, 1995.
PAC~GROUND OF T~E I~v~h.~ON
~a) FIELD OF ~HE ~vk~lION
This invention relates to a ready-to-freeze
alcoholic beverage (or "alcoholic, ready-to-freeze
beverage"). More particularly, the invention is
directed to such an alcoholic beverage which is shelf
stable in liquid form and designed to be placed in a
freezer, preferably a consumer's freezer, for a
period of time until it assumes a "slushy"
consistency like a frozen cocktail prepared in a
blender or commercial slush machines found in bars
and restaurants.
The invention is also directed to a container
for packaging the beverage.
~b) DESCRIPTION OF RELATED ART
Frozen cocktails continue to be popular bar and
home beverages. Products have been introduced to
ease the preparation of frozen drinks in the home.
However, for the most part, consumers must add a
specific alcohol type and deal with the inconvenience
of having complex preparation knowledge, proper
equipment, and clean up.
Prior art sought to provide both alcoholic and
non-alcoholic beverages capable of forming a
crystalline structure upon being placed in the
consumer's freezer. For example, Ashmont et al.,
U.S. Patent No. 4,790,999, discloses a ready to
consume alcoholic beverage which forms a soft ice at
freezer temperatures. A critical component of this
beverage is carboxymethyl cellulose ("CMC"), which is

2166626
P~rlUS 95/ 1324 2
known for its compatibility in pH systems of 4.0-
10Ø Ashmont's beverage is believed to have pH of
about 3.0 or lower. Ashmont teaches the importance
of using CMC at an amount ranging from 0.020% by
weight to about 0.1% by weight.
Marulich, U.S. Patent No. 3,826,829, discloses a
substantially non-alcoholic mixture for a shelf
stable carbonated or non-carbonated beverage which
can be consumed after conventional chilling or placed
o in a freezer and consumed as a soft frozen carbonated
beverage. The carbonated beverage is made by
incorporating a pectin stabilizing system and a
gaseous phase into an aqueous composition including
water, sugars, polyols, flavor and color agents to
form a stable carbonated beverage.
LeVan, U S. Patent No. 3,619,205, discloses a
method for preparing beverage products that can be
served as a drinkable slush ice composition. The
slush is made by mixing a frozen, ground, homogeneous
blend of (a) about one part of a mixture of sucrose
syrup, flavor, an edible food acid, a water
dispersible gum, an edible polyhydric alcohol, and
water, with (b) about 0.25 parts of flaked ice,
having particle sizes ranging from about 2S0 to 2,000
microns, and refrigerating the mixture at -10F.
LeVan's product is believed to have pH of 2.5. Among
the various water-dispersible gums and colloids which
may be utilized are gum tragacanth, gum karaya, gum
arabic, locust bean gum, guar seed gum, carrageenan,
pectin, CMC, alginates, qelatin, gum qhatti, agar,
and the like. Example 1 discloses CMC in a range of
0.5 to 1.0% by weight.
Homler et al., U.S. Patent No. 3,897,571,
discloses a spoonable slush concentrate containing an
ionic cellulose gum, such as CMC or its equivalent,

2166~26
PC~I~s 95 / 13 24 2
to prevent separation at elevated storage
temperatures as high as 15-20F. The concentrate is
spoonable at freezer temperatures and can be mixed
with either water, milk or alcohol to form a slush.
In obtaining the slush it is important that the
gums used in the invention are fully hydrated and
dispersed, and therefore, in the method of preparing
the spoonable concentrate of the invention, the gums
are preferably hydrated and dispersed prior to
addition of the sugar solids. After the gums are
hydrated and mixed with the sugar solids, flavors and
acids are added when used. The concentrate is then
subjected to a commercial sterilization or
pasteurization at a temperature of about 160F. The
concentrate is then cooled to about 27-32F
preparatory to crystallization. Freezing point
depressants such as acids and alcohols may then be
added. This reduces the concentrate's ice point and
therefore makes it more spoonable at 0F. The
concentrate is then crystallized. After crystal
development, the crystal slush is transferred under
control temperatures not to exceed 20F to a holding
vessel wherefrom the slush concentrate is discharged
into a container and packaged according to technology
known in the art. The filled container is then blast
frozen at -10F or below to a "center" temperature of
0F or below, the center being the geometric center
of the mass.
Van den Hoven et al., U.S. Patent No. 5,066,509,
discloses a liqueur or alcohol-containing beverage
comprising cream, yogurt or another dairy product,
obtained by mixing the dairy product with alcohol or
an alcohol-containing liquid, flavoring agents,
coloring agents, emulsifiers, stabilizers, sugars or
artificial sweetening agents, fats, acids and further

2166~26
~CTIU~ 95/1 3 24 2
conv~ntional ingredients (col. 1, lines 8-14). The
stable dairy liquor can be stored in cool and uncool
conditions for considerable time if the fats used in
the preparation are mainly saturated fatty acids
having 6 to 12 carbon atoms (col. 3, lines 34-39).
Suitable stabilizers are pectin and CMC.
Daher et al., U.S. Patent No. 4,738,857,
discloses a container for packaging an alcoholic
beverage containing essential oils. The container
includes an interior layer, in contact with the
alcoholic beverage, and a second layer. The interior
layer consists essentially of polypropylene
homopolymer. The second layer, located exterior to
the outside layer, is composed of an oxygen barrier
lS polymer, such as ethylene vinyl alcohol copolymer.
The container is particularly useful in connection
with the alcoholic soft ice composition of Ashmont et
al., U.S. Patent No. 4,790,999.
While the art discussed above provides important
advantages, none of it provides a ready-to-freeze
alcoholic beverage having the combination of higher
pH, excellent shelf stability, taste and, once
frozen, the ability to maintain its semi-frozen,
slushy consistency or state for a relatively
prolonged time period.
The art also has not provided a container
suitable for packaging beverages, such as the ready-
to-freeze alcoholic beverage of the invention, which
has a strong seal strength and is substantially
resistant to breakage if it is dropped in transit.

216~26
3~4
8nMM~Y OF THE I~v~h-ION
The invention provides a ready-to-freeze,
alcoholic beverage comprising water, at least one
sugar, a flavoring, a beverage alcohol, and a
stabilizing system which includes guar gum and locust
bean gum, and optionally, pectin.
The alcoholic beverage may also include common
acidulants, such as citric acid. The alcoholic
bevQragQ has a pH of about 3.0 to about 5Ø
The sugar comprises sucrose, fructose and
dextrose. Alternatively, the sugar may comprise
sucrose and high fructose corn syrup ("HFCS") which
includes dextrose, fructose, maltose and higher
saccharides. The ready-to-freeze alcoholic beverage
has a proof of about 6 to about 28 (which is
equivalent to the ethyl alcohol content of about 3.0
to about 14% wt.). The stabilizing system, also
referred to herein as the "stabilizer blend", is
present in the beverage in an amount ranging from
about 0.04% to about 0.13% by weight.
The beverage may also contain other ingredients,
such as one or more clouding agent, a preservative
and more than one flavoring.
- The ready-to-freeze alcoholic beverage forms a
slushy, fine crystalline structure at freezer
temperatures (about -5 to about 20F) after being
placed in the freezer for a period of about 3 to
about 6 hours.
The invention is also directed to a container,
preferably in the form of a flexible plastic pouch,
comprising one of the following multi-layered
structures:
Structure A
(a) polyester film;
(b) aluminum foil;

2166~26
PCrlUS 95/ 1324 2
_ (c) polyester film;
(d) linear low density polyethylene film.
Structure ~
(a) polyvinylidene chloride coated
biaxially oriented Nylon or any other
Nylon film;
(b) Nylon/ethylene/vinyl alcohol co-
extruded layer film;
(c) linear low density polyethylene film.
Structure C
(a) Nylon film;
(b) aluminum foil;
(c) copolymer of ethylene and propylene.
Suitable materials which would adhere respective
film layers may be used between layers of the
container. Such materials are exemplified by
adhesives, e.g., polyester adhesives.
As pointed out in greater detail below, the
alcoholic beverage of this invention provides
important advantages. With the beverage of this
invention the consumer is not inconvenienced by the
necessity of knowing the recipe, having the required
ingredients on hand, having the proper equipment,
such as a blender, or cleaning the equipment. The
beverage of the invention may be packaged in a single
serve container which also allows consumers to
"switch" flavors without having to make up a large
batch of a beverage in a blender and potentially
throw away any unconsumed portion. The alcoholic
beverage of the invention is formulated at a
considerably higher pH and utilizes a specific and
complex blend of stabilizing ingredients to give it a
superior and much preferred crystalline ice structure
and, thus taste, as compared to prior art products.

21~626
-
~CTIUS 95/ 13 24 2
The container of the invention also provides
important advantages. The container exhibits an
excellent seal strength and aids the beverage of the
invention in achieving a long shelf life.
DETAILED DE8CRIPTION OF THE INVENTION
The term "ready-to-freeze" alcoholic beverage
means that the beverage can be frozen, e.g., in a
consumer's freezer, as purchased substantially
without any other preparation, modification, blending
or additions of other ingredients thereto to produce
the frozen or semi-frozen slushy coc~tail. For
example, it is not necessary to add ice.
It is important that the alcoholic beverage has
pH of about 3.0 to about 5.0, preferably about 3.2 to
about 4.0, more preferably about 3.3 to about 3.8 and
most preferably about 3.4 to about 3.7. At these
ranges, optimum taste can be achieved based on
sweetener levels of the beverage formula - i.e. more
acid used with sweeter beverages, less acid used with
lower sugar content beverages. Those pH ranges are
achieved by the addition of commonly used acidulants
such as citric acid, malic acid, tartaric acid and
fumaric acid. The reason(s) for the importance of
these pH ranges is not understood. However, without
wishing to be bound by any operability theory, it is
believed that at pH's less than 3.0 the hydrative
rate of the stabilizers used in the beverage
diminishes, thereby affecting the stabilizers'
ability to control the ice crystal structure of the
water phase.
The water used in the beverage is deionized
water.
The sugar balance of the beverage has been found
in taste panels to be important in arriving at
optimum taste and texture. To accomplish this, the

21~626
PCTIUS95/13242
beverage comprises at least one or more of the
following sweeteners: sucrose, fructose, or
dextrose. Alternatively, the beverage may preferably
comprise a mixture of sucrose and high fructose corn
syrup, which includes dextrose, fructose, maltose and
higher saccharides. The final beverage product has a
total sugar content as measured in 8RIX (or "Brix")
of about 12 to about 19. The amounts of the
individual sugars used are: sucrose, about 7.4 to
about 8.5, preferably about 7.6 to about 8.3, and
most preferably about 7.8 to about 8.1% by weight
(wt.); fructose, about 3.1 to about 4.3, preferably
about 3.3 to about 4.0, and most preferably about 3.5
to about 3.8% by weight; dextrose, about 3.9 to about
5.0, preferably about 4.1 to about 4.8, and most
preferably about 4.3 to about 4.6% by weight. If the
mixture of sucrose and high fructose corn syrup is
used, the amounts of the individual sugar components
are: sucrose, about 7.4 to about 8.5, preferably
about 7.6 to about 8.3, and most preferably about 7.8
to about 8.1% by weight; and high fructose corn
syrup, about 8.1 to about 9.3, preferably about 8.3
to about 9.0, and most preferably about 8.5 to about
- 8.8% by weight. The high fructose corn syrup
includes about 48 to about 52% by weight dextrose,
about 40 to about 44% by weight fructose, about 0.5
to about 2.0% by weight maltose, and about 3 to about
7% by weight higher saccharides.
Any alcohol beverage suitable for human
consumption can be utilized as the source of the
beverage alcohol, e.g., grain neutral spirits, vodka,
whisky, rum, tequila, malt beverage, wine, such as
Other Than Standard ("OTS") orange wine, and similar
beverages. The preferred alcohol beverage used in
the ready-to-freeze alcoholic beverage is OTS orange

21~626
~CT/US 9 5 / 1 3 24 2
wine, The term "Other Than Standard" wine ("OTSW"),
as is known in the industry, designates a beverage
comprising a minimum of 5% standard wine combined
with fruit spirits and water, to deliver about 20 -
about 22% wt. ethyl alcohol and a minimum 20 ppm offusel oil. The term "beverage alcohol", as is known
to those skilled in the art, means an alcohol
suitable for human consumption. Such an alcohol
usually includes primarily ethyl alcohol (about
99.99S wt.), and minor amounts of other alcohols,
such as propyl alcohol, isopropyl alcohol and other
alcohols. As is known to those skilled in the art,
flavorings may also contain ethyl alcohol. The ethyl
alcohol content of flavorings should be considered in
producing the ready-to-freeze alcoholic beverage of a
particular ethyl alcohol content.
The ready-to-freeze alcoholic beverage has a
proof of about 6 to about 28, preferably about 7 to
about 28 (equivalent to the ethyl alcohol content of
20 about 3.5 to about 14%), more preferably about 8 to
about 14 (equivalent to the ethyl alcohol content of
about 4 to about 7% wt.), and most preferably about
11 to about 13 (equivalent to the ethyl alcohol
content of about S.5 to about 6.5% wt.). The
alcoholic content of the ready-to-freeze alcoholic
beverage has a significant impact on the freezing
properties of the beverage. Lower amounts of
beverage alcohol decrease the beverage's resistance
to freezing, thereby producing a product which may
freeze prematurely and more solidly, which is
undesirable. Increasing the alcohol level may result
in resistance to freezing and may require lower
temperatures to freeze.
The content of the remaining ingredients of the
alcoholic beverage composition of the invention can

- 216-~4t)26
P~TIUS95/13242
-- 10 --
be ~djusted so that the beverage, when subjected to
the freezer conditions for the time periods set forth
herein, produces a slushy, frozen cocktail product.
The term "slushy frozen cocktail product" means that
the product has the consistency of a partly melted,
semi-frozen soft ice, which is neither freely
pourable nor hard like an ice cube. The product is
relatively easily deformable, e.g., by application of
finger pressure, and can be easily manipulated or
removed from the container with a hand-operated
utensil, such as a spoon. Some well known examples
of such slushy frozen cocktails are frozen margarita
and pina colada. This invention provides a beverage
product which would freeze to produce the slushy
lS frozen cocktail in substantially every consumer's
freezer, specifically in a wider temperature range
than afforded by prior art, i.e., about -5F to about
20-F.
The relatively low proof of the beverage of the
invention makes the choice of the stabilizing system
especially critical to deliver the desired type
frozen drink consistency imitating that produced in a
blender.
In one embodiment, a stabilizing system
comprised of the combination (or blend) of guar gum
and locust bean gum produces the alcoholic beverage
of the invention having excellent properties. This
combination of ingredients produces a beverage
product which freezes well, has an excellent texture,
~o small ice crystals, substantially no undesirable ice
crystal sheets, and delivers unexpected benefits in
enabling the alcoholic beverage product to remain in
a frozen or semi-frozen state at room temperature,
once removed from the freezer, for a period of about
3S 20-30 minutes. To further enhance the texture, in

216~62~
PCTIUS95/13242
-- 11 --
another embodiment a small amount of pectin is
preferably added to the guar gum and locust bean gum
stabilizer blend. The pectin, in proper proportions,
has an unexpected beneficial impact on further
enhancing the amount of crunch (while maintaining a
substantial absence of ice crystal sheets) and
delivering a beverage product substantially identical
to a blender frozen drink.
In one embodiment, the alcoholic, ready-to-
freeze beverage composition includes the followingingredients as the stabilizer blend: guar gum, about
0.005 to about 0.5, preferably about 0.010 to about
0.30, and most preferably about 0.016 to about 0.020%
by weight and locust bean gum, about 0.025 to about
0.090, preferably about 0.030 to about 0.060, and
most preferably about 0.045 to about 0.055% by
weight.
In another embodiment, the alcoholic beverage
composition includes the following ingredients as the
stabilizer blend: locust bean gum, about 0.025 to
about 0.090, preferably about 0.030 to about 0.060,
and most preferably about 0.045 to about 0.055% by
weight, guar gum about 0.005 to about 0.50,
preferably about 0.010 to about 0.3, and most
preferably about 0.016 to about 0.020% by weight, and
pectin about 0.003 to about 0.1, preferably about
0.003 to about 0.075, more preferably about 0.003 to
about 0.05, most preferably about 0.003 to about
0.03% by weight of the beverage. The pectin is
preferably low methoxy pectin ("LMP"). In one
specifically preferred embodiment, the alcoholic,
ready-to-freeze beverage comprises a stabilizer blend
which includes about 0.05% by weight of locust bean
gum and about 0.018% by weight of guar gum. In
another specifically preferred embodiment, the

215~26
13242
alcoholic, ready-to-freeze beverage composition
comprises a stabilizer blend which includes about
0.005% by weight of pectin, about 0.05% by weight of
locust bean gum and about 0.018% by weight of guar
gum. In both of these embodiments, the alcoholic
beverage of the invention has pH of about 3.5 to
about 3.7 and has proof of about 10 to about 14.
All amounts of all ingredients set forth herein
are calculated on the basis of the entire beverage
formulation.
In one embodiment, the stabilizer blend consists
essentially of locust bean gum and guar gum in the
relative amounts set forth above. In another
embodiment, the stabilizer blend consists essentially
of pectin, such as LMP, locust bean gum and guar gum
in the relative amounts set forth above.
This unusual stabilizer blend is believed to
have excellent properties in controlling ice crystal
growth in a frozen product which ultimately improves
the ~inished product texture and mouth feel. Without
wishing to be bound by any theory of operability, it
is believed that the crystalline structure is
maintained in the frozen state by allowing re-
absorption of the water/alcohol molecules and re-
dispersion of ingredients during the thaw cyclescommon to consumer freezers.
It is also believed that the blend of the
stabilizing system serves to protect the ice crystal
structure for extended periods in a freezer. The
beverage, once frozen, maintains its frozen or
partially frozen, slushy state for a surprisingly
extended time, e.g., 20-30 minutes at room
temperature.
The amount of individual ingredients of the
stabilizer blend and of relative proportions of the

2166~i26
5 95/ 1 3 24 2
- 13 -
ingredients to each other may be varied within the
ranges set forth herein to obtain the alcoholic,
ready-to-freeze beverage having desired properties
and characteristics, such as taste characteristics.
The amounts and/or the proportions of various
ingredients of the stabillzer blend may also be
ad~usted within the disclosed ranges in view of
availability of various ingredients and/or to produce
the most cost-effective alcoholic, ready-to-freeze
beverage.
~ ased on results of taste panels' evaluations,
the beverage of this invention, when frozen, delivers
a substantially improved crystalline structure (small
crystal size, substantial absence of ice crystal
sheets, pleasant mouthfeel) and greatly improved
reduced rate of melt, as compared to prior art
formulations.
The unusual blend of stabilizers at the pH
levels of the beverage requires the use of an equally
unusual process to produce the beverage. While prior
art required heating to achieve commercial sterility,
this invention requires a heating phase which is only
necessary to achieve the formulation of the alcoholic
beverage of the invention. Therefore commerclal
sterility temperatures are not required or needed.
It is believed that the heating phase activates
the stabilizer blend which is ultimately responsible
for maintaining and delivering the fine crystalline,
frozen blender-like texture. To carry out the
heating phase (or a "cook phase"), the stabilizer
blend is first blended with a dry dispersant in a
ratio of approximately 3 parts dispersant to 1 part
by weight stabilizer blend and then added, preferably
via high shear agitation, to a portion of the
deionized water phase. Suitable dispersants are the

216~26
~;,-juS95/13242
dry sugar or sugars used in the beverage, such as
sucrose, fructose or dextrose. Only a portion of the
dry sugar is used in this blending step. The portion
of the dry sugar used is about 5- about 20%,
preferably about 10 - about 15% of the total dry
sugar used for the composition. About 15 - about
30%, preferably about 20 - about 25% of the water
phase is used in the blending phase. The remainder
of the dry sugar is then added to produce a
sugar/stabilizer slurry. This slurry is heated to a
temperature in the range of about 149 to about
190F, combined with a portion of the deionized water
to cool the ~lurry to about 100F and then added to
the balance of the beverage formulation.
While similar heating steps may have been used
in the dairy industry, the cook phase of this
invention is not believed to have been suggested for
the alcoholic beverages of this type in the past.
The water phase is defined as the deionized
water required to produce the formulation.
Common acidulants, such as citric acid, malic
acid, tartaric acid, fumaric acid and preferably
citric acid, are used in the beverage formulation to
- achieve the optimal taste expectations. The
acidulants are used in the amounts of about 0.05 to
about 0.7, preferably about 0.2 to about 0.4~ by
weight. The approxi-mate range of citric acid, one
of the preferred acidulants, used in this invention
is about 0.10 to about 0.70~ by weight.
Also used to deliver taste requirements is at
least one flavoring included in the beverage of the
invention in the range of about 1.0 to about 12.0,
preferably about 3.0 to about 9.0, and most
preferably about 4.0 to about 7.0% by weight.

2166 S2 6
5/13242
.
A flavoring may be any suitable material which
will impart a desired flavor to the beverage of the
invention. Examples of suitable flavorings include
commercial flavors, naturally derived flavoring
materials, such as herbs, spices, and artificial
flavoring materials, such as vanilin, phenylethyl
acetate, and ethyl acetate.
- In one preferred embodiment for making a
flavoring, the flavoring is made by adding one or
more commercial flavors to a source of a beverage
alcohol, such as grain neutral spirits, citric acid
and water. The amount of the source of a beverage
alcohol is such that the final alcoholic, ready-to-
freeze beverage, including additional amounts of
beverage alcohol, if needed, has the proof set forth
in this disclosure. The amount of the citric acid is
such that the beverage of the invention, which may
include additional amounts of citric acid or other
acidulants as discussed herein, has pH levels also
defined in the disclosure. Suitable commercial
flavors include one or more essential oils in small
amounts, alone or in combination with natural or
artificial flavors, or juice concentrates. The types
of flavorings used and the amounts thereof are those
which are necessary to achieve the desired flavor of
the beverage, e.g., pina colada, frozen margarita.
Other ingredients commonly used in the food
industry in the beverages of this type may also be
utilized in the beverage. Such ingredients include:
clouding agents (which are typically comprised of the
following ingredients: modified food starch, medium
chain triglycerides, glycerol, partially hydrogenated
soybean oil, brominated vegetable oil, citric acid,
potassium sorbate, sodium benzoate and natural
tocopherol), preservatives, such as sodium benzoate

- 2 1 66~26
S ~5/ 1 3 24 2
and potassium sorbate, and colors or colorants. The
relative amounts of such other ingredients wlll be
such as are necessary to perform their respective
functions. For example, the clouding agents are used
in the amount of about 0.01 to about 0.20% wt. The
preservatives are used in the amount of about 0.03 to
about 0.06% wt.
However, clouding aspects are not an essential
element of producing the invention. The clouding
agents may be omitted from the composition of the
alcoholic, ready-to-freeze beverage without adversely
affecting the taste or substantially any other
preferred properties of the beverage. If clouding
agents are deleted, a substantially clear alcoholic,
ready-to-freeze beverage will be obtained, instead of
a cloudy beverage. Therefore, clouding agents affect
only the visual appearance of the beverage of the
invention.
Slmilarly, preservatives, such as sodium
benzoate and potassium sorbate, are not necessary to
produce the beverage of the invention, having the
preferred properties described herein. For example,
if preservatives are not permitted to be used in
- beverages of this type due to regulatory
restrictions, they can be deleted without sacrificing
guality of the product or any of its preferred
properties. As would be readily appreciated by those
skilled in the art, the preservatives are
incorporated into the beverage of the invention
primarily for microbiological control, i.e., to
retard or prevent microbiological growth which may
lead to spoilage during distribution of the beverage.
If preservatives are not used, the microbiological
control may be provided by pasteurization, packaging
under sterile conditions or some other means of

- 216~2~
S 9 5/ 1 3 24 2
retarding or preventing microbiological growth in the
beverage.
The formulated alcoholic beverage can be
packaged for sale in any suitable container, i.e.,
glass, rigid plastic, flexible plastic pouch, metal,
laminated paperboard or a combination of any of
these. One preferred method is to package the
product in a laminated flexible plastic pouch of
8.125 inch x 4.75 inch in size in which 200 ml to 240
ml of the alcohol beveraqe product will be contained.
The pouch is filled using a form-fill-seal machine;
for example, a Prodo Pa~ or Bartelt, and, if desired,
36 to 45 pouches are packed per shipcase. The pouch
may have the construction of one of the structures A,
B or C summarized below. However, it is preferred
that the pouch have the construction of the
structures A or B. The first layer or film of each
container described below is the outer film and is
reverse gravure printed, and the last layer or film
is in contact with the alcoholic beverage. The
dimensions in the structures summarized below refer
to thickness of the layers.
Structure A
Layer 1. About 0.00040 inch to about 0.00060
inch polyester;
Layer 2. About 0.0004 inch to about 0.0006 inch
aluminum foil;
Layer 3. About 0.00040 inch to about 0.00060
inch polyester;
Layer 4. About 0.0020 inch to about 0.0040 inch
linear low density polyethylene or linear low density
polyethylene which includes octene and ethylene.

- 2166~2~
/ 1 3 24 2
- 18 -
_Structure B
Layer l. About 0.0060 inch to about 0.0080 inch
polyvinylidene chloride coated biaxially oriented
Nylon;
Layer 2. About 0.0009 inch to about 0.0011 inch
Nylon/ethylenevinyl alcohol coextruded;
Layer 3. About 0.0020 inch to about 0.0030 inch
linear low density polyethylene (homopolymer).
In Structure ~, layer 1 may be substituted by
any other Nylon, and layer 2 by any Nylon, coated or
uncoated. Layer 3 in Structure B may be any linear
low density polyethylene homopolymer.
Structure C
Layer 1. About 0.0005 to about 0.0007 inch
biaxially oriented Nylon;
Layer 2. About 0.0006 to about 0.0008 inch
aluminum foil;
Layer 3. About 0.0020 to about 0.0040 inch
copolymer of ethylene and propylene andlor
polyethylene.
If necessary, in Structure C, suitable adhesives
are used between layers 1 and 2 and 2 and 3. For
example, 2.5 lbs Morprime adhesive may be used
between layers 2 and 3. In one preferred embodiment,
the multi-layer container of the above construction
holds about 200 - about 240 ml of the beverage.
Different materials may be used for the various
layers of the container of Structure C. For example,
the third layer may be made of linear low density
polyethylene, and the second layer of a metalized
Nylon or polyester film. In all embodiments of the
invention directed to the container, any material
which would provide adhesion between plastic films o~
the container to provide secure lamination between
the films, so that the resulting container would

- 216~5~G
s ~5/ 1 ~ 24 2
withstand shipping, can be used. Suitable materials
are any of the well known polyester adhesives or
polyolefins.
The plastic pouches when packaged in multi-packs
provide multiple servings of the frozen or
semi-frozen slushy cocktail. The plastic pouches of
any of the structures described above are made by
conventional methods known to those skilled in the
art, for example, by any form-fill-seal machine.
While the container of the invention i9
preferably used to package the beverage of the
inventlon, it can be used for packaging a variety of
any goods, including food products or any beverages.
After the frozen beverage is removed from the
freezer, the consumer massages the package gently and
pours it into a suitable container, such as a glass
for a frozen type cocktail. It can also be spooned
out of its container. Once frozen, the slushy
cocktail can be removed from the freezer at any time
and consumed.
The following Examples further illustrate the
essential features of the invention. However, it
will be apparent to those skilled in the art that the
specific reactants and reaction conditions used in
the examples do not limit the scope of the invention.
In the examples, a reference to ~ by weight (or %
wt.) of alcoholic beverage or % wt. alcohol indicates
% wt. of ethyl alcohol in the beverage.

21~626
5/ 1 324 2
~ 20 --
-- EXAI~LES ~A-l~
~9-v-r-~1c o~ l~h- Inv~rttlon
I~rGPFn~ErlTS ~%EIY WEr~lT~ bv ~ laht ~ %b~ v-in~ t
~Q~ aIcohQ~
5 OTH~R TH.~N ST~ND~RO
ORANGE WINE ~21~ ErHYL ALC.~19.71 ~ 9 19.91
SUC~OSE '~9~ 7~99
HIGH ~RUCSOSE CORN SYRUP
DEX~ROSE (50~ 9
FRUcrosE ~2%) ~.68 ~.7~
M.~L105E (1.5%) 0.1~2 0.1~3
HIGHER S~.~CI PTDES~.0~) 0.~3 0.444
C~RIC ACID 0.255 0 ~50
SODItn~ C~SR/ITE 0.16 0.165
STA~LIZER 3LEND 0.089 0.090
FI~VORIYG 5.49 1.~9~ 5.524 1.636
DRY COLOR 0.000~6 0.01~4
CL.OUDI~IG .~GEN~ 0.018 0.157
PRESERVATIVES 0.0~7 0~047
~POTASSIU~t SOR~ATE AND SODIUt1
~CNZOATE~
aArJ~NCE DEIONI2EO WArER TO 100%
5 TOTAL ~ ALCOHOL ~Y ~IE~GHT 5.4~2 5.~19
Example lA yields a 5.432% wt. alcoholic
beverage with a pH of 3.5. Example lB yields a
5.819% wt. alcoholic beverage with a pH of 3.4.
The beverage of Example lA had the flavor of
pineapple; the beverage of Example lB had the flavor
of a frozen margarita.
The stabilizer blend in Examples lA and lB was
- comprised of 0.05% by weight of locust bean gum,
25 0.018% by weight of guar gum and 0.005% by weight of
pectin and a filler (such as sugar, salt or whey) as
balance. Additional ingredients included: a
clouding agent and preservatives, such as sodium
ben20ate and potassium sorbate. The flavoring was
made as discussed above for the preferred embodiment,
i.e., by adding one or more commercial flavors to
grain neutral spirits, citric acid and water. The
content of flavoring specified above therefore refers
to the amount of the resulting mixture of the
flavors, grain neutral sprits, citric acid and water.

- 21~S~26
r~ 5 / 1~ 24 2
- 21 -
-To prepare the above formulation, the solutions
of citric acid, sodium citrate and preservatives were
first blended and set aside. ~ext, the stabilizer
blend was dispersed with 15% of the sucrose in a 3:1
S ratio of the sucrose to stabilizer blend and added
via high shear mixinq to 25% of deionized water. The
remainder of the sucrose was then added to the
product of the blending step to form a
sugar/stabilizer slurry. This slurry was then heated
to approximately 165F to activate the stabilizer
blend. Once heated, the sugar stabilizer slurry
blend was transferred to a large blend tank, cooled
to a temperature of about 100 F, and then the
balance of the formula ingredients was added to the
tank in the following order: balance of deionized
water, preservatives, high fructose corn syrup,
clouding agent or cloudifier, other than standard
orange wine, citric acid, sodium citrate, flavors.
Once packaged in a flexible pouch container, the
above formula froze in a home freezer in about 3-4
hours; the pouch was removed from the freezer and
massaged, the product appearance and taste was that
of a refreshing frozen cocktail with a very fine
crystalline structure.
EXAMPLES 2A-2B
~everage of the Inventionl
A frozen flavored cocktail was prepared
following substantially the same process and using
substantially the same ingredients as in Example lA
and 1~3, but utilizing an 80 beverage alcohol. Thus,
the stabilizer blend, the flavors and the clouding
agent were the same and used in the same relative

21~626
5/ 1 324 2
amounts as in Examples lA and lB. The beverage had
the following composition:
E~
IN~FnIE~TS (~ ~Y WEIG~T~~A ~
80- SEVERAGE ALCO~OL 12.5 12.5
SUCROSE 7.90 7.99
HIGH FRUCTOSE CORN SYRUP8.64 8.74
DEXTROSE (50~) 4.39 4 44
FRUCTOSE ~42~) 3.6a ~.7
HALSOSE tl.5%) 0.132 0.13~
HIGHER SACCHARIDES (5.0%)0.43a 0.444
CITRIC ACID 0.255 0.350
SODIU~ CITRATE 0.16 0.165
STAaILIZER ELEND o.oag 0.090
FLAVORING 5.49 5.524
DRY COLOR 0.00036 0.0144
CLOUDING AGENT 0.018 0.157
PRESERVATIVES 0.047 0.047
(POTASSIUM SOR~ATE ~ SODIUM
EENZOATE)
BALANCE, DEIONIZED WATER
TO 100~ -
Example 2A yielded a 6.3% wt. alcoholic beverage
with a pH of 3.5, having a pinneaple flavor. Example
28 yielded a 6.65 ~ wt. alcoholic beverage with a pH
of 3.4, having a frozen margarita flavor.
The flavoring was made as discussed above for
the preferred embodiment, i.e., by adding one or more
commercial flavors to grain neutral spirits, citric
acid and water. The content of flavoring specified
above therefore refers to the amount of the resulting
mixture of the flavors, qrain neutral sprits, citric
acid and water.
The product appearance and taste was that of a
refreshing frozen cocktail with a very fine
crystalline structure.

- 216~26
d~.rlUS ~5/ 1324 2
- EXAMPLES 3A-3C
~Co~nArative - Carrageenan As Stabilizin~ Aaent)
In these examples, carrageenan was used in the
range of 0.l-l.3% by weight instead of the stabilizer
blend of the i~vention. In Example 3A, 0.1% by
weight of the carrageenan was used in the alcoholic
beverage prepared with the following ingredients,
according to the following procedure: l) carrageenan
dispersed with sucrose and added to water via high
shear mixer; 2) corn syrup added; 3) alcohols, acids,
flavorings added.
INGREDIENTS ~% ~Y WEIGHT~
OTHER THAN STANDARD ORANGE WINE l9.92
SUCROSE 7.99
HIGH FRUCTOSE CORN SYRUP
DEXTROSE (50%) 4.44
FRUCTOSE (42~) 3.73
MALTOSE (l.5%) 0.133
HIGHER SACCHARIDES (5.0%)0.444
CITRIC ACID 0.350
SODIUM CITRATE 0.165
CARRAGEENAN 0.l
FLAVORING 6.4l
CLOUDING AGENT 0.157
PRESERVATIVES 0.047
(POTASSIUM SORBATE and SODIUM
BENZOATE)
BA1ANCE, DEIONIZED WATER TO l00~
In Example 3A, the carrageenan was used as the
only stabilizing agent in the amount of 0.1% wt. In
Example 3B, the carrageenan was used in the amount of
l.3% wt. with 0.10% by weight of carboxymethyl
cellulose and in Example 3C the carrageenan was used
in the amount of l.3% wt. with 0.25% by weight of
CMC. The flavoring in Examples 3A-3C was made as

2166626
u~95/13242
- 24 -
discussed above for the preferred embodiment, i.e.,
by adding one or more commercial flavors to grain
neutral spirits, citric acid and water. The content
of flavorinq specified above therefore refers to the
amount of the resulting mixture of the flavors, grain
neutral sprits, citric acid and water. In Examples
3B and 3C, the resulting alcoholic beverage was
extremely gelled, had undesirable visual appearance,
and slimy mouthfeel, as compared to the product of
this invention. In Example 3A, the resulting
alcoholic beverage had crystalline structure which
froze in thin ice crystal sheets, had an undesirable
mouthfeel, which was unlike the beverage of the
invention. Examples 3A-C yielded a 5.5% wt.
alcoholic beverage with a pH of 3.5, having mango
flavor.
EXAMPLE 4
(Comparative - MCC As Stabilizinq Agent~
The effect of microcrystalline cellulose ("MCC")
as a stabilizinq agent was evaluated in this Example.
MCC is a naturally occurring pulverized cellulose
that has been purified and has been claimed to be a
useful stabilizer in frozen foods, particularly for
its ability to control ice crystal growth.
~5 The alcoholic beverage was prepared with the
following ingredients, according to the following
procedure:
Add MCC to water via high shear mixer. Allow to
blend 3-4 minutes. Add CMC which has been dispersed
with sugar via blender. Add remaining sugars. Mix
on stir plate for 15 minutes. Add alcohols and
flavors, mix 5 minutes. Add acids.
INGREDIENTS ~% BY WEIGHT)
Grain Neutral Spirits 4.98
OTSW 25.89
H~CS 13.04

- 21fi6~26
95/13242
sugar
Citric Acid 0.26
Sodium Citrate 0.19
MCC 1.5
5 CMC 0.2
Flavoring 1.689
Liquld Color 0.471
Cloud 0.12
BALANCE, DEIONIZED WATER
TO 100%
This Example yielded a 10.75% wt. alcoholic
beverage with a pH of 3.5, having the flavor of
mango. The flavoring included only a commercial
flavor. The content of flavoring specified above
therefore refers to the amount of the commercial
flavor only.
At the MCC usage levels in the range of 0.5% to
about 2.0% by weight suggested in prior art, combined
with CMC at usage levels of 0.1 - 0.4%, the resulting
beverage product had a crystalline structure which
froze in thin ice crystal sheets, had an undesirable
mouthfeel which was unlike the beverage of the
invention (small ice crystals, substantial absence of
ice crystal sheets) and also unlike frozen blender
drinks.
EXAMPLE S
(Comparative - Pectin and CMC As Stabilizinq Aqent)
Pectin was used in combination with CMC as a
stabilizer blend. Pectin was used in the range of
about 0.4% to 0.~% by weight in combination with CMC
in the range of 0.01% to 0.04% by weight. The
alcoholic beverage was prepared with the following
ingredients, according to the following procedure:
1) Using a high shear mixer dissolve pectin and CMC
which has been wetted with sugar in water; 2) Let
above stir for 10 minutes to insure pectin has

- 2166626
ru ,l)~ ~5/13242
- 26 -
dissolved; 3) Add sugars, acids and alcohols; 4)
Flavor and color as desired.
INGREDIENTS (% BY WEIGHT~
GNS (Grain neutral 4.98
spirits)
OTSW 25.89
HFCS 13.04
Sugar g.44
Citric Acid 0.26
Sodium Citrate 0.19
Pectin 0.5
CMC 0.02
Flavoring 1.689
Liquid color 0.471
Cloud 0.12
Balance, Deionized Water
To 100%
This Example yielded a 10.43% wt. alcoholic
beverage with a pH of 3.5, having the flavor of
mango. The flavorinq included only a commercial
flavor. The content of flavoring specified above
therefore refers to the amount of the commercial
flavor only.
The resulting beverage product, upon freezing,
had a gelled appearance with ice crystal sheet
formation and undesirable mouthfeel.

- 216G626
9 5 / 1 3 24 2
EXAMPLE 6
(Com~arative - Xanthan Gum As Stabilizinq Aqent)
Xanthan gum was evaluated in the range of about 0.05%
to about 0.25% by weight alone and in combination
with the same amount of mannogalactan. The alcoholic
beverage was prepared with the following ingredients
and according to the following procedure:
1) Mix stabilizer with small amount of sugar
2) Add above to water via high shear mixer
3) Add sugars to above
4) Let mixture stir while heating to 165F
5) Cool to 100F
6) Add alcohols and acids - mix for 10 minutes
7) Add flavorings and colorings - mix for 10 minutes
INGREDIENTS (% BY WEIGHT)
GNS 4.98
OTSW 25.89
HFCS 13.04
Sugar 9.44
- Citric Acid 0.26
Na Citrate 0.19
Xanthan gum 0.15
Mannogalactan 0.15
Flavoring 1.689
Liquid Color 0.471
Cloud 0.12
Balance, Deionized Water
to 100%
This Example yielded a 10.35% wt. alcoholic
beverage with a pH of 3.5, having the flavor of
mango. The flavoring included only a commercial
flavor. The content of flavoring specified above
therefore refers to the amount of the co~mercial
flavor only.

- 21~26
PCTIU~95/~242
- 28 -
_The resulting beverage product was extremely
slimy in mouthfeel and appearance, melted quickly and
was therefore undesirable.
EXAMPLE 7
rCom~arative - Sorbitol and Glvcerol As Stabilizer
Blend)
About 1.5% to 2.5% by weight of sorbitol was
used in combination with about 0.3% to 0.7% by weight
of glycerol as a stabilizer blend.
INGREDIENTS (% BY WEIGHT~
GNS 4.98
OTSW 25.89
HFCS 13.04
Sugar 9-44
Citric Acid .26
NaCitrate .19
Glycerol .5%
Sorbitol 2%
Flavoring 1.689
Liquid Color 0.471
Cloud 1.2%
Balance, Deionized Water
to 100%
Thi~ Example yielded a 10.35% wt. alcoholic
beverage with a pH of 3.5, having a flavor of mango.
The ~lavoring included only a commercial flavor. The
content of flavoring specified above therefore refers
to the amount of the commercial flavor only.
The alcoholic beverage was prepared with the
following ingredients, according to the following
procedure:
1) Mix glycerol and sorbitol with sugar in water
via high shear mixer.

2 1 ~ 2 6
/ 1 3 24 2
2) Stir for 15 minutes.
3) Add alcohol and acids, stir for 10 minutes.
4) Add flavorings and colors, stir for 10 minutes.
The resulting beverage product, after freezing,
melted extremely fast and required lower freezer
temperatures not consistently and reliably achievable
by home freezers.
EXAMPLE 8
(Com~arative - CMC Alone Or With Other
Inaredients As Stabilizina Aqent~
This Example summarizes an experimental design
for formulation change of various stabilizers (or
stabilizing ingredients). The parameters of the
design are summarized below including the data of
Table A.
In particular, the use of CMC was evaluated both
alone and in combination with a variety of other
stabilizing ingredients, such as MCC, pectin, guar
gum,-locust bean gum. The beverages of this Example
had pH of about 3.2 - about 3.3, alcohol content of
about 6.1 - about 6.4, % wt., and margarita flavor.
Eight formulations involving varying levels of four
gums and stabilizers were evaluated along with a
beverage formulation comprising locust bean gum, guar
gum and pectin, used as a control, and a modified mix
of stabilizers (no CMC) ~Table A].
The basic formulation for the beverages is
summarized below, and details of the stabilizer
blends of the eight formulas used in this
experimental design are listed in Table A.
INGREDIENTS (% BY WEIGHT~
Other Than Standard Orange Wine
(21% ethyl alcohol) 19.63%
Sucrose 7.71%
High Fructose Corn Syrup

- 2166626
v~5/13242
- 30 -
_ Dextrose (50%) 4.25
Fructose (42%) 3,57
Maltose (1.5%) 0.1275
Higher Saccharides 0.425
Citric Acid 0.33
Sodium Citrate 0.159
Stabilizer-
Flavoring 6.42
Clouding Agent 0.14
Liquid Color 0.089
Preservatives 0.046
Beverage total % alcohol by weight: about
6.1 - about 6.4%.
8everage pH: about 3.2 - about 3.3.
The flavoring was made as discussed above for
the preferred embodiment, i.e., by adding one or more
commercial flavors to grain neutral spirits, citric
acid and water. The content of flavoring specified
above therefore refers to the amount of the resulting
mixture of the flavors, grain neutral sprits, citric
acid and water.
Table A -- Stab$112er In~ormation
LoCUST aEAN
FORMULA GUAR GUM GUM CMC LMP
10.020 0.025 o.o 0.1~
20.01~ 0.0~6 o.0 0.15
3O.OlS 0.025 0.018 O.lS
40.020 0.036 o.ola o.lS
SO.OlS 0.025 0.0 0.60
60.020 0.0~6 o.0 0.60
0.020 0.02~ 0.018 0.50
8O.OlS O.G~6 o.G18 0.60

2166626
5/ 13242
Eight panelists were trained in descriptive
analysis techniques to evaluate frozen pouched
products. Panelists were broken up into two teams of
four where the team members each evaluated a sample
S from the same pouch. Three test samples and the
control were evaluated during each session.
Panelists independently rated each sample. The
results are summarized in Table 2. The results
indicate that, while CMC had been used largely in
prior art, it was found to not be effective ln the
beverage of this invention. Table 2 results also
indicate that among the four evaluated gums and
stabilizers, the research suggests that CMC has the
least effect from formulation changes on the sensory
profile of the product. LMP had the greatest
effects, even at its lowest use levels. Further
experimentation indicated that LMP's optimum use
level had not been achieved. Such optimum level was
found to be much lower than the lowest level used in
Example a. As disclosed herein, the optimum LMP
level is about 0.003 to about 0.1% by weight. The
CMC's least effect on the sensory profile of the
product indicated in Table 2 is believed to be due
largely because CMC is functional in higher pH
systems, especially those in the range of pH 4.0-
10Ø
Furthermore, as shown in Table 1, surprisingly,in an experiment conducted with various stabilizing
ingredients (i.e., locust bean gum, guar gum, LMP),
CMC was found to have the least effect on formulation
changes in this invention, i.e., removing CMC from
formula had no effect on visual crystal size, rate of
meltdown, visual sliminess, mouthfeel ice crystal
size, mouthfeel ice crystal sheet size, mouthfeel
sliminess, crunch or gumminess.

- 216662~
/ 1 3 2 4 2
Without wishing to be bound by any operability
theory, it is believed that the preferred embodiment
of the beverage of this invention has a considerably
lower pH, than the preferred range for CMC, and
therefore CMC is substantially non-functional in the
pH system of this embodiment of our invention. It is
believed that CMC is unable to control crystalline
growth and del~ver a superior texture once frozen at
these pH levels.
~Y~LE9 9A-93
(Eeveraqe o~ eh- Invention)
ExamDle
INGREDIFNTS (~ 3Y WEIGHT) 9A 93
OSNER THAN STANDARD ORANGE WINE 19.71 19.92
SUCROSE 7,90 7.99
HIGH FRUCTOSE CORN SYRUP
DEXTROSE (50%) 4,39 4,44
FRUCTOSE (42%) 3.68 3.73
MALTOSE (1.5%~ 0.132 0.133
HIGHER SACCHARIDES (5.0~)0.438 0.444
CITRIC ACID 0.255 0.350
2~ SODIU~ CITRATE 0.16 0.165
sTAaILIzER BLEND 0.089 0.090
FLAVORING 5.49 5.524
DRY COLORING 0.000360.0144
CLouDING AGENT 0.018 0.157
PRESERvATIvES 0 047 0,047
(POTASSIUM SOR0ATE and SODI~ 0ENZOATE)
EALANCE, DEIONIZED ~ATE~
Example 9A yielded a 5.5% wt. alcoholic beverage
with a pH of 3.5, having the flavor of pineapple, and
Example 9B yielded a 5.82% wt. alcoholic beverage
with pH of 3.4, havinq the flavor of margarita.
In Example 9A, the stabilizer blend was
comprised of 0.035% by weight of locust bean gum,
0.018% by weight of guar gum and 0.018% by weight of
CMC and a filler as balance. In Example 9B, the

- 216S6~6
?.C~IUS 95/ 1324 2
stabilizer blend was comprised of 0.018 guar gum and
0.0495 locust bean gum and a filler as a balance.
The flavoring used was that suitable for a frozen
margarita type cocktail, and additional ingredients
included: a clouding agent and preservatives, such
as sodium benzoate and potassium sorbate. The
flavoring was made in Examples 9A and 9B as discussed
above for the preferred embodiment, i.e., by adding
one or more commercial flavors to grain neutral
lo spirits, citric acid and water. The content of
flavoring specified above therefore refers to the
amount of the resulting mixture of the flavors, grain
neutral sprits, citric acid and water. Product
characteristics and evaluation of Examples 9A and 9B
can be found under Example 10 and Table 1.
EXAMPLE 10
(Taste Panel Testinq~
Properties of a beverage product produced
according to Example 1 of Ashmont et al., U.S. Patent
No. 4,790,999 (using sodium CMC as a stabilizer),
were compared to a control product, i.e., made
according to Example 9A. The product of Example 9A
contained a blend of guar gum, locust bean gum and
CMC as a stabilizer. The beverage of Example 9A was
i5 compared to the beverage of Example 9B. The beverage
of Example 9B contained no CMC, but used guar gum and
locust bean gum as a stabilizer. The results are
summarized in Table 1.
The effects of different stabilizers on the
sensory profile of the frozen beverage product made
according to Examples 9A and 9B were evaluated by
eight panelists trained in descriptive analysis
techniques to evaluate frozen pouched products.
Substantial sensory differences were found
between Ashmont's Example 1 and Example 9A. The
product of Ashmont's Example 1 had larger visual ice

- 2166~6
95/ 1 3 24 2
crystal sheet size, quicker rate of melt, larger ice
crystal mouthfeel size, larger ice crystal sheet
mouthfeel size and more crunch.
A modified version of the Example 9A beverage,
S comprising guar and locust bean gums as the
stabilizer blend, i.e., Example 9B, was compared to
the beverage of Example 9A. No significant
differences were detected by panelists. This is
believed to be because CMC is substantially
non-functional in low pH systems. The results are
summarized in Table 1.

TADLE l. SUMMARY OF DIFFERENCES BE~UEEN I~EVERJ~GES ~ -CL- ~CCORDING TO EXJ~MPLES 9/~ ~IND
9D /~ND .~SIIMONT' S EX/IMPLE l .
~T'IUIUUIE VS. CoNluoL
coMr~RlsoN VISUAL VlsUALMELTDOWN VLSU~tL MOUTIIFEEL MOUTIIFEEL MOUTIIFEEL CRUNCII U~Y'' - I
cl~ysr~L 511EET SLIMINL5S CRYSTAL 511EET 51ZE SLLMINES5 u~
SIZE slZL 5IZE un
A~hm~ (C~IC) (NS) L~ F~le~ ) (NS) Lr~ur ~--) L -t r (--) (NS) Mor- (--) (N5)
. E~. g~
Gul.~ ~
LUG. CMC)
E-. ~D (n~ (NS) 5m-lkr(NS) (NS) (NS) (NS) (NS) (NS) (N5)
CMC) ~-. E~l. (-)
'~A (Gu~-~ ~;--.--.
LDG. CMC)
Directional (~20% type I Qrror) C
~ Significant (<10% type I error) ~
NS Not Significant (>20% type I crror~ C~!
LE~G Locust ûQan Cu~
r~

21~62~
R~TI~IlS 95~ 1 3 24 2
- 36 -
As shown in Table 1, there are ma~or sensory
differences between the Example 9A beverage and the
Ashmont's formula (Table 1). The Example 9A
formulation had smaller ice crystal sheets and melted
at a significantly slower rate. A formulation
without CMC, i.e., Example 9B (Table 1), appears
promising as an improvement over beverages containing
guar gum, locust bean gum and cellulose gum.

TJ~DLE 2. SUM~RY OF SHE EFFECTS OF STADILIZER ON SHE SENSORY PROFILE OF FROZEN POUCHED
PRODUCT .
ATTRlllUn
El:FECTVISUAL VISUAL MELTDOWN VISUAL MOUTIII:EEL MOUTIIFEEL MOUTIIFEEL CIIUNCII m
CXYSTAL SIIEET SLIMINESS CRYSTAL SIIEET SIZE SLI~IINESS
SIZESIZE SIZE
Cu~ (iu~ Ik~ c (NS) IN5) I~KI~ -) (NS) (NS) 1~ ) (NS) (NS) 1-~
(-)
L KU~I IIC~ (NS) (NS) (NS) IlU:r~;-K (--) (NS) (NS) (NS) (NS) (NS)
Cul~
CMC (NS) (NS) (NS) 1~--~11~ (--~ (NS) (NS) (NS) (NS) (NS)
LMI' (NS) (NS) (NS) I~CIC;~ C~ K~ (--) lae~-~e (--) (NS) 1~--~ (--)
Directional (~ 20% type I crror)
~ Signi~icant (~lOS type I error~ 3
NS Not Signi~icant (>20~ type I error)
LnP Lo~ ~ethoxy ~ectin
~n

21 6~26
U~ ~/ 1 3 24 2
- 38 -
_ BXAMPLE 11
(Ex~erimental Desiqn)
In this experimental design, the beverage of the
invention was further optimized by evaluating a set
of formulas with varying levels of LMP, GG and LBG.
Also formulated were a product of the invention
(Example 9A) (CONTROL) and the Example lA of Ashmont
et al. both including CMC. These products were
evaluated by a trained descriptive panel with all
products seen in random order. Formulations were
evaluated for nine descriptive attributes as in the
studies summarized in Tables 1 and 2.
One of the objectives was to determine the
advantages of using LMP in a formula where CMC is
absent. Another objective was to optimize the
invention product while reducing LBG to create a cost
savings opportunity.
Product O~timization
Formulations are presented in Table 3. Three
descriptive attributes were significant among the set
of 18 products formulated by varying LMP, GG and LBG
(visual sliminess, crystal sheet size texture and
crunchiness). Conceptually, an ideal product is
believed to minimize visual sliminess and sheet size,
while maximizing crunchiness. Locust bean gum had
the greatest effect on visual sliminess. Minimal
sliminess could be maintained with formulations at
the lowest level of LBG and different combinations of
LHP and GG. Sheet size texture was affected by LMP
interactions with both LBG and GG. Sheeting of ice
crystals was minimized by formulations of high LBG
with low LMP and low amounts of GG, and by
formulations of low LBG with high LMP and moderate
amounts of GG.

2~66626
~3~T~I~S 9 5~ 1 3 24
_Crunchiness was maximized through an interaction
between LBG and GG. The level of LMP had no
significant effect on crunchiness although
crunchiness appeared to be enhanced at the
S intermediate level of LMP and highest level of GG.
Results
These results suggest the invention product can be
sufficiently optimized using LMP to reduce LBG and
provide a cost savings opportunity. At the lowest
levels of LBG increasing LMP and decreasing GG
minimized sliminess and ice sheeting. Also at the
lowest levels of LBG crunchiness was maximized by
increasing both GG and LMP. Therefore, a cost
effective optimized formula includes a reduced level
of LBG, a relatively high level of LMP and an
intermediate level of GG.
TABLE3. EXPERI~IENTAL PLA,~
~E.~E~ALD~IG~
OF~DE~FORSENSORYEvALU~O~S
T~AL GUAR LOCUS Low
GUM 8&~GUM ~F~OXY
PEC~N
1 0.0150C10 O.O~S00 0.012500
6 0.02C!000 0.0~7500 0.025000
0.020000 0.0~7500 0.012S00
2S 15 0.02C000 0.0~500 0.012500
9 0.0228~7 0.03~510 0.019717
13 0.0228S7 0.03~S10 O.OOS293
4 0.020000 0.070C00 0.012S00
IS 0.020000 0.0~7 00 0.012500
0.01~113 0.03~' 10 0.005283
0.022~87 0.060~90 0.019717
0.017113 0.054~90 0.019717
2 0.025000 0.0~7500 0.012S00
IS 0.02C000 0.0~7S00 0.012S00
12 0.017113 0.06C~90 0.005283
S 0.020000 0.0~7500 O.OOOO00
0.017113 0.03~S10 0.019717
0.020000 0.025000 0.012500
I 1 0.022887 O.O~ 90 0.005283

216~2
' !324
- 40 -
_ EXAMPLE 12
(Ex~erimental Design)
A study was conducted to determine how locust
bean gum (LBG), guar gum (GG) and low methoxy pectin
(LMP) function within the product of the invention.
Descriptive analysis was used to characterize the
changes in product attributes as these three gums
were varied. Three descriptive attributes were
affected by varying these gums: "sliminess",
"mouthfeel-sheet size" and "crunchiness." An ideal
product for consumer acceptance is believed to
minimize the attributes "sliminess" and "mouthfeel-
sheet size" and have an intermediate level of
"crunch." As the relative importance of each
attribute is not known to drive consumer acceptance,
different responses were evaluated which represented
different weights on these three descriptive
attributes.
CONCLUSIONS
Four different "ideal product" formulations were
prepared, assuming "crunchiness" to contribute
different weights to maximize consumer acceptance.
The respective optimum levels for "ideal" are
presented in Table B. As "crunch" becomes less of a
factor driving consumer acceptance (a softer product
i5 preferred), a larger amount of low methoxy-pectin
is needed to optimize. As "crunchiness" is more of a
factor in driving consumer acceptance, then a formula
with high L8G and GG, and low LMP will achieve the
optimum.
TDble B. Ide~l r, ' ~ ~ under dirr~renl p~ Dboul ~h~ rtl~live
Or ~C~ L ~ 10 con5umer DCCepl3nce.
IDE.~L PRODUCT ~TTR18UTE Lo~ lc~holr Cu~r Cum 80eu~
~c n (ffl~') ' Y~ J' t~
~55 . ' '
S

216~
P~TIUS 95/13242
BLUlPLE 13
~Container of the Invention)
A flex$ble pouch container having the Structure
C was prepared. The pouch contained the following
5 layers, with the layer 1 being the outer film, and
layer 3 the film in contact with the beverage.
Structure C
Layer 1. About 0.0005 inch to about 0.0007 inch
biaxially oriented Nylon;
Layer 2. About 0.0006 inch to about 0.0008 inch
aluminum foil;
Layer 3. About 0.0020 inch to about 0.0040 inch
copolymer of ethylene and propylene and/or
polyethylene.
EXA~PLES l~A - 14B
~Container of the Invention)
Two other flexible pouches of the invention were
prepared to produce the pouches of Structures A and
B, summarized below.
Structure A - Exam~le 14A
Layer 1. About 0.00040 inch to about 0.00060
inch polyester;
Layer 2. About 0.0004 inch to about 0.0006 inch
aluminum foil;
25Layer 3. About 0.00040 inch to about 0.00060
inch polyester;
Layer 4. About 0.0020 inch to about 0.0040 inch
linear low density polyethylene or linear low density
polyethylene which includes octene and ethylene.

21~6626
~TIUS 95/ 1324 2
_Structure B - Exam~le 14B
Layer 1. About 0.0060 inch to about 0.0080
inch polyvinylidene chloride coated biaxially
oriented Nylon;
Layer 2. About 0.0009 inch to about 0.0011
inch Nylon/ethylenevinyl alcohol coextrusion;
Layer 3. About 0.0020 inch to about 0.0030
inch linear low density polyethylene thomopolymer).
EXA~PLE8 15-19
(Testin~ of Containers)
The strength of the pouch of Example 13 was
compared to that of Examples 14A and 14B. All
pouches had substantially the same size and contained
approximately 200 ml of the alcoholic beverage of the
invention.
The pouches were drop tested in a shipping case
and shelf life tests were performed as indicated in
the following data table.

2166~26
P~IIS95/13242
- 43 -
- ! r. ~ - 5: ~ ' S - A
~ O r~
: ~ ~ .<
r~ YL~ 2
'y~ r!~
:7 1~ 7~ vl- ~, 1 It~ 51
e ~
' ~ L~
~- L-A7~Ly-:`.y~ -. r.~ '~ L5
1.~ L-~ ly~:~.y~r.~. no 1~ L~
Data reported -- number of successful drops
before 1st pouch burst. Failure is due to
leaking pouches.
*~ The structure of Example 13 with two open faced
A-C flute doublewall corrugated pads positioned
beneath pouches in the shipcase. The total pad
thickness was 0.75 inch.5 ~*~ The structure of Example 13 with 0. 5 inch thick
plastic bubble sheet positioned between two open
faced A-C flute doublewall corrugated pads
positioned beneath pouches in the shipcase. The
total pad thickness was 1.25 inch.
The droptest procedure used was as follows:
National Safe Transit Association Preshipment Testing
Procedure lA Droptest 1 through 20.99 pounds.
This testing is used to predetermine the probability
of the successful delivery of packaged products to
their destination. Five shipcases of product are
subjected to a total 10 drops from 30" off floor
(tile over concrete). The procedure for the drop
test is listed in a specific methodical order so that
impacts occur one on each side of box, one corner,
and 3 edges. The 5 shipcases are opened and the
contents are inspected for damage.
Results
1. Changing the inside plastic film lamination
layer next to the product from polypropylene
(Examples 15-17) to polyethylene (Examples 18-

216~26
US~5/1~242
19) yielded improved drop characteristics. Drop
failures were believed to be due to a liquid
hydraulic force upon the sides of the pouch.
Polypropylene (Example 13) with no pads was
unacceptable due to the high likelihood of
damage in distribution and transportation. A
cost savings can be realized with the
elimination of cushion pads used in Examples 16
and 17. The polyethylene pouch (Examples 18 and
19) required no pads to achieve the minimum NSTA
requirement of 10 drops with no broken pouches
and leaking product. The performance of pouch
hydraulic failure resistance of Examples 18 and
19 was equal to or greater than that of the
pouch of Example 17.
2. Shelf life was not compromised by using
polyethylene lamination next to the product in
place of polypropylene at freezer, room and oven
temperatures. The pouch of Example 14A achieved
`15 weeks of successful shelf life with no loss
of flavor preference determined by sensory taste
panelists. The pouch of Example 14B achieved lo
weeks of successful shelf life with no loss of
flavor preference determined by sensory taste
panelists. Therefore, polyethylene as a plastic
laminate next to the product does not affect
flavor as indicated in prior art.
3. The non-aluminum foil structure of Example 14B
has superior flex crack resistance when
subjected to vibration motion testing. No
visual signs of cracking, bruising, or creasing
were evident. The foil structures of Examples
13 and 14A may crease, wrinkle and possibly leak
product from severe flex cracks under severe
vibration testing as would occur in truck or

216562S
~ j.u~95/1~242
rail transportation. Our testing indicated that
shelf life performance was not dependent on foil
as the only form of barrier material for the
alcoholic beverage product of the invention.
S Also, we would expect that the plastic film
could be metalized as is commonly applied in the
packaging industry and this could be utilized in
place of aluminum foil lamination.
The embodiments described above provide a number
of significant advantages. The ready-to-freeze
alcoholic beverage of the invention has a higher pH
level which has been previously thought in prior art
to be more compatible with CMC but not with pectin.
It has excellent shelf stability of at least one
lS year, which enables wholesale and retail
establishments to maintain it in stock for prolonged
time periods, thereby minimizing the necessity to
rotate the stock. The beverage provides a very
convenient method for a consumer to produce a frozen
cocktail in a relatively short time if containers
containing the beverage are stored in consumer's
freezer. Yet, the beverage, when frozen, has
excellent organoleptic properties very similar to
those of such beverages made to order from individual
ingredients. The frozen beverage, once removed from
the freezer, also maintains its semi-frozen, slushy
consistency for a prolonged period of time.
It will be apparent to those skilled in the art
that specific embodiments discussed above can be
successfully repeated with ingredients equivalent to
those generically or specifically set forth above and
under variable process conditions.
It is therefore intended that the foregoing
detailed description be regarded illustrative rather
than limiting, and that it be understood that it is

2166&26
9~/ ~ 324 2
- 46 -
the ~ollowing claims, including all equivalents,
which are intended to define the scope of this
invention.

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Administrative Status

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Event History

Description Date
Inactive: IPC expired 2019-01-01
Inactive: IPC expired 2019-01-01
Inactive: IPC from MCD 2006-03-12
Inactive: IPC from MCD 2006-03-12
Inactive: IPC from MCD 2006-03-12
Inactive: IPC from MCD 2006-03-12
Inactive: IPC from MCD 2006-03-12
Application Not Reinstated by Deadline 2001-10-15
Time Limit for Reversal Expired 2001-10-15
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2000-10-13
Application Published (Open to Public Inspection) 1996-04-25

Abandonment History

Abandonment Date Reason Reinstatement Date
2000-10-13

Maintenance Fee

The last payment was received on 1999-10-05

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Fee History

Fee Type Anniversary Year Due Date Paid Date
MF (application, 3rd anniv.) - standard 03 1998-10-13 1998-09-16
MF (application, 4th anniv.) - standard 04 1999-10-13 1999-10-05
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
BROWN-FORMAN CORPORATION
Past Owners on Record
MICHAEL ANTHONY TAYLOR
SHARI KLOSE
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Description 1996-04-15 46 1,400
Claims 1996-04-15 5 137
Cover Page 1996-05-08 1 17
Abstract 1996-04-15 1 13
Reminder of maintenance fee due 1997-06-15 1 109
Courtesy - Abandonment Letter (Maintenance Fee) 2000-11-14 1 183
Fees 1998-09-16 1 37
Fees 1999-10-05 1 31
Fees 1997-05-09 1 40
International preliminary examination report 1996-01-04 9 370
Prosecution correspondence 1996-01-30 2 34
Courtesy - Office Letter 1996-02-09 1 20