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1. (WO2019030370) DIETARY FIBRE COMPOSITION



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INTERNATIONAL SEARCH REPORT (ISR)
Part 1:  1  2  3  4  5  6          Part 2:  A  B  C  D  E 
International application No. Applicant's or agent's file reference
PCT/EP2018/071725 15605-WO-PCT
International filing date (day/month/year) (Earliest) Priority Date (day/month/year)
10 August 2018 10 August 2017
Applicant
NESTEC S.A.
FOR FURTHER ACTION: See Form PCT/ISA/220 as well as, where applicable, item 5 below.
This international search report has been prepared by this International Searching Authority and is transmitted to the applicant according to Article 18. A copy is being transmitted to the International Bureau.
It is also accompanied by a copy of each prior art document cited in this report.
1. Basis of the report
a. With regard to the language, the international search was carried out on the basis of:
the international application in the language in which it was filed.
a translation of the international application into                                          which is the language of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
b.
This international search report has been established taking into account the rectification of an obvious mistake authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
c.
With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international search was carried out on the basis of a sequence listing:
2. Certain claims were found unsearchable
This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
1.
Claims Nos.:
because they relate to subject matter not required to be searched by this Authority, namely:
2.
Claims Nos.: 12, 15(completely); 11(partially)
because they relate to parts of the international application that do not comply with the prescribed requirements to such an extent that no meaningful international search can be carried out, specifically:
A request for informal clarification had been sent to the applicant. Therein, it was explained to the applicant that:
The present application contains 15 claims, of which 6 are independent. There is no clear distinction between the independent claims because of overlapping scope. There are so many claims, and they are drafted in such a way that the claims as a whole are not in compliance with the provisions of clarity and conciseness of Article 6 PCT, as it is particularly burdensome for a skilled person to establish the subject-matter for which protection is sought.
Additionally, it appears that the claims 1,9,12-15 a priori do not meet the requirements of unity, as the claims do not appear to claim inventions which are linked as to form a single general inventive concept, as required by Rule 13.1 PCT,
The non-compliance with the substantive provisions is to such an extent, that the search has to be performed taking into consideration the non-compliance in determining the extent of the search (PCT Guidelines 9.19 and 9.25).
The search can be based on the subject-matter that, as far as can be understood, could reasonably be expected to be claimed later in the procedure, and the corresponding claims, namely claims 1-10,13 and 14.
Likewise, present independent claim 11 may be partly searched insofar as it refers back to the previous claims such as indicated.
The applicant was given a time limit of 14 days to reply. As no written reply has been received after the time limit, the search is carried out as was indicated in the informal clarification.
The applicant's attention is drawn to the fact that claims relating to inventions in respect of which no international search report has been established need not be the subject of an international preliminary examination (Rule 66.1(e) PCT). The applicant is advised that the EPO policy when acting as an International Preliminary Examining Authority is normally not to carry out a preliminary examination on matter which has not been searched. This is the case irrespective of whether or not the claims are amended following receipt of the search report or during any Chapter II procedure. If the application proceeds into the regional phase before the EPO, the applicant is reminded that a search may be carried out during examination before the EPO (see EPO Guidelines C-IV, 7.2), should the problems which led to the Article 17(2) declaration be overcome.
3.
Claims Nos.:
because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).
3. Unity of invention is lacking
4. Title of the invention
The text is approved as submitted by the applicant.
The text has been established by this Authority to read as follows:
5. Abstract
The text is approved as submitted by the applicant.
The text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV. The applicant may, within one month from the date of mailing of this international search report, submit comments to this Authority.
6. Drawings
a.
The figure of the drawings to be published with the abstract is Figure No.     7    
as suggested by the applicant.
as selected by this Authority, because the applicant failed to suggest a figure.
as selected by this Authority, because this figure better characterizes the invention.
b.
none of the figures is to be published with the abstract.

A. CLASSIFICATION OF SUBJECT MATTER

     A21D 2/36 (2006.01)i; A23D 7/005 (2006.01)i; A23D 7/015 (2006.01)i; A21D 13/068 (2017.01)i; A23L 33/21 (2016.01)i; A21D 13/16 (2017.01)i
According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols):
     A21D; A23D; A23L
Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched:
Electronic data base consulted during the international search (name of data base and, where practicable, search terms used):
EPO-Internal, WPI Data, BIOSIS, FSTA

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.
(1)
X
WO 2013045523 A1 (NESTEC SA [CH]) 04 April 2013 (2013-04-04)
1-11,13,14
claims 1-16
examples 1-10
page 12, line 1 - page 13, line 10
(2)
X
EP 0251375 A1 (UNILEVER NV [NL]; UNILEVER PLC [GB]) 07 January 1988 (1988-01-07)
1-11,13,14
claims 1-17
examples 1-3
column 1, line 40 - column 2, line 46
(3)
X
WO 2016102315 A1 (NESTEC SA [CH]) 30 June 2016 (2016-06-30)
1-11,13,14
claims 1-14
figures 1-14
examples 1-6
(4)
X
WO 2017067901 A1 (UNILEVER NV [NL]; UNILEVER PLC [GB]; CONOPCO INC D/B/A UNILEVER [US]) 27 April 2017 (2017-04-27)
1-11,13,14
claims 1-15
examples 1-18
page 3, line 14 - page 4, line 31
page 11, line 10 - page 19, line 2
(5)
X
J Sadaf ET AL, "Peanut Butter incorporation as substitute for shortening in biscuits: Composition and acceptability studies", 01 January 2013 (2013-01-01), page 3243-3247,
Retrieved from the Internet:
URL:http://www.ifrj.upm.edu.my/20 (06) 2013/38 IFRJ 20 (06) 2013 Sadaf 179.pdf
XP055431238
1-11,13,14
the whole document
(6)
A
GEORGE E. INGLETT ET AL, "A soluble fibre gel produced from rice bran and barley flour as a fat replacer in Asian foods", INTERNATIONAL JOURNAL OF FOOD SCIENCE AND TECHNOLOGY.,Vol. 39, No. 1, 01 January 2004 (2004-01-01), page 1-10,
XP055430849
1-11,13,14
the whole document
(7)
A
Donald E. Pszczola, "Future Strategies for Fat Replacement", 01 June 2006 (2006-06-01),
Retrieved from the Internet:
URL:http://www.ift.org/~/media/food%20technology/pdf/2006/06/0606col_ings.pdf?__hstc=201255281.6d4fddfc72c8bf97db0af9526018458f.1389312000018.1389312000019.1389312000020.1&__hssc=201255281.1.1389312000021&__hsfp=1950245361
XP055260546
[retrieved on  2016-03-23]
1-11,13,14
the whole document
*
Special categories of cited documents:
"A"
document defining the general state of the art which is not considered to be of particular relevance
"E"
earlier application or patent but published on or after the international filing date
"L"
document which may throw doubts on priority claim(s) or which is cited to establish the publication date of another citation or other special reason (as specified)
"O"
document referring to an oral disclosure, use, exhibition or other means
"P"
document published prior to the international filing date but later than the priority date claimed
"T"
later document published after the international filing date or priority date and not in conflict with the application but cited to understand the principle or theory underlying the invention
"X"
document of particular relevance; the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone
"Y"
document of particular relevance; the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art
"&"
document member of the same patent family

D. INFORMATION ON PATENT FAMILY MEMBERS

Patent document cited in search report Publication date
(day/month/year)
Patent family member(s) Publication date
(day/month/year)
WO 2013045523 A1
04 April 2013
AU 2012314505 A1
AU 2016204385 A1
BR 112014007471 A2
CA 2849954 A1
CL 2014000762 A1
CN 103945709 A
EP 2760295 A1
JP 2014526267 A
RU 2014116905 A
UA 115040 C2
US 2014242229 A1
WO 2013045523 A1
ZA 201403090 B
10 April 2014
14 July 2016
04 April 2017
04 April 2013
29 August 2014
23 July 2014
06 August 2014
06 October 2014
10 November 2015
11 September 2017
28 August 2014
04 April 2013
25 November 2015
EP 0251375 A1
07 January 1988
AU 604244 B2
CA 1333349 C
DE 3760568 D1
EP 0251375 A1
ES 2011474 B3
JP H062021 B2
JP S633749 A
JP H0614692 A
JP H06101977 B2
NL 8601594 A
US 5080915 A
ZA 8704439 B
13 December 1990
06 December 1994
26 October 1989
07 January 1988
16 January 1990
12 January 1994
08 January 1988
25 January 1994
14 December 1994
18 January 1988
14 January 1992
22 February 1989
WO 2016102315 A1
30 June 2016
CA 2971259 A1
CN 106998760 A
PH 12017500932 A1
US 2018000134 A1
WO 2016102315 A1
30 June 2016
01 August 2017
20 November 2017
04 January 2018
30 June 2016
WO 2017067901 A1
27 April 2017
AU 2016342132 A1
EP 3364770 A1
PH 12018500739 A1
US 2018310586 A1
WO 2017067901 A1
19 April 2018
29 August 2018
15 October 2018
01 November 2018
27 April 2017
Name and mailing address of the ISA/:
European Patent Office
P.B. 5818, Patentlaan 2, 2280 HV Rijswijk,
Netherlands
Telephone No. (+31-70)340-2040
Facsimile No. (+31-70)340-3016
Date of the actual completion of the international search:
24 October 2018
Date of mailing of the international search report:
23 November 2018
Authorized officer:
Barac, Dominika
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