Patent Reissued Including New Claims for Kemin Health's FloraGLO® Lutein

Kemin Health is pleased to announce that Notices of Allowance have been issued by the United States Patent Office for claims 1-20 and two new claims 21 and 22 of U.S. Patent 5,382,714. The Notices of Allowance are in response to two recent decisions from the Board of Patent Appeals and Interferences of the U.S. PTO, where the Board agreed with Kemin's position in the reissue applications the company filed on the '714 Patent. The Board, in its review, also granted Kemin two additional claims.

The reissue applications contain claims covering (1) a lutein composition comprising (a) at least about 90% lutein having been extracted and purified from plant extracts which contain 10% or less of non-lutein carotenoids, (b) no traces of toxic chemicals that would render the lutein composition unsuitable for human consumption, and (c) significantly less than about 10% of non-lutein carotenoids obtained by purification of said plant extracts as well as (2) a method for providing such lutein compositions to humans

Kemin believes the reissue presumptively gives DSM Nutritional Products, Inc. ("DSM"), our sole sublicensee of FloraGLO lutein under the patent, an exclusive basis in the US to market purified lutein extracted from marigolds (at the above-recited concentration) that does not contain toxic chemicals above levels that would make it unsuitable for human consumption

Since 1995, Kemin Health's FloraGLO lutein has been protected in the US by the '714 patent, along with additional patent rights in the US and worldwide. "The patent reissue significantly strengthens our intellectual property and will help further to protect the FloraGLO market and the business of our FloraGLO customers," said Rodney Ausich, president of Kemin Health. "Kemin intends to vigorously defend and enforce its intellectual property and related rights."

FloraGLO Lutein is the world's first and leading patented, purified lutein ( The ingredient is used extensively in supplements, in foods and beverages and most recently, in infant formula throughout the world. Derived from marigolds, FloraGLO Lutein is distributed worldwide for its beneficial effects on eye health and function, skin health, and as an antioxidant.

Kemin(R) - Inspired Molecular Solutions(TM)

Founded in 1961, Kemin Industries, Inc. ( provides health and nutritional solutions to the agrifoods, food ingredients, pet food and human health and pharmaceutical industries. Kemin operates in more than 60 countries with manufacturing facilities in Belgium, Brazil, China, India, Singapore, South Africa, Thailand and the United States.

Kemin Health, a division of Kemin Industries Inc., develops, manufactures and markets specialty ingredients with healthful benefits for the dietary supplement and functional food and beverage markets. Specific to the nutraceutical industry, Kemin Health is credited with successfully commercializing lutein and significantly developing the eye supplement category under the FloraGLO(R) lutein brand, the leading brand sold worldwide.

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