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08-1177 - Zinkan Enterprises, Inc. v. Nalco Company


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08-1177 - Zinkan Enterprises, Inc. v. Nalco Company
December 18, 2008
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Memorandum Opinion and Order: The Court construes the disputed claim terms as follows: The term "wherein the freezing point of said concentrated product is at least about -35C" requires no construction. The term "an amount of the dilute product effective to suppress agglomeration of the particulate material and its adhesion to surfaces" is construed to mean "an amount of the dilute product effective to prevent the particulate material from freezing into a ball, mass, or cluster or attaching by freezing to any surface when the particulate material and surface are exposed to a temperature that is less than 0C." The term "an amount of the dilute product effective to wet the surface of the material and substantially prevent the generation of dust from the particulate material" needs no construction. The term "a composition consisting of a glycerin-containing by-product formed from a manufacturing process for making fatty acid esters from at least one oil selected from the group consisting of vegetable oil and animal fats" is construed to mean "a composition containing only a glycerin-containing by-product and the impurities normally found in such a by-product where the by-product is formed from a manufacturing process for making fatty acid esters from vegetable oil and/or animal fats and no other constituents." The term "wherein said dosage is an amount sufficient to suppress agglomeration of the particulate material and its adhesion to surfaces upon exposure of the particulate material to said subfreezing temperatures" is construed to mean "where the dosage is an amount sufficient to prevent the particulate material from freezing into a ball, mass, or cluster or attaching by freezing to any surface when the particulate material and surface are exposed to a temperature that is less than 0C." The term "wherein said dosage is substantially lower than the dosage required for deicing or anti-icing" is construed to mean "where the dosage is substantially lower than the dosage required to convert formed ice into water or prevent the formation of ice when the particulate material is contacted by precipitate water." The term "wherein the glycerin-containing by-product consists of glycerin, methyl esters, methanol, inorganic salts, soaps, free fatty acids, water and other impurities" is construed to mean "where the glycerin-containing by-product includes only glycerin, methyl esters, methanol, inorganic salts, soaps, free fatty acids, water and other impurities resulting from the biodiesel manufacturing process and no other constituents." The term "wherein the diluted composition has a freezing point of at least about -36C" is construed to mean "where the diluted composition has a freezing point of at least about -35C." The term "wherein said dosage is an amount effective to wet the surface of the material and substantially prevent the generation of dust from the particulate material" needs no construction. The term "wherein the diluted composition has a freezing point of at least about -35C" needs no construction. The term "wherein said dosage is an amount effective to wet the surface of the dirt road and substantially prevent the generation of dust from the dirt road" needs no construction. The term "wherein the diluted composition has a freezing point of at least about -3C" is construed to mean "where the diluted composition has a freezing point of at least about -35C." Judge Patricia A. Gaughan on 12/17/08. (LC,S)