Free Joint Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01075-TCW

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Sevenson v. United States 05-1075C

Modified Joint Claim Construction Statement

U.S. Pat. No. 6,139,485

I.

U.S. Patent 6,139,485 ("the '485 patent") A. CONSTRUCTIONS ON WHICH THE PARTIES AGREE

Plaintiff and Defendant agree to the proposed constructions of the following terms of the '485 patent. TERM Alum At least one member selected from the group consisting of sulphates, chlorides, fluorides, halites, halides, and silicates Contact(ing) Cured material Cure(ing) EP toxic Liquid Liquid alum Mix(ing) Period (of time) AGREED CONSTRUCTION Any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O One of the following substances: sulphates, chlorides, fluorides, halites, halides, and silicates

To bring two things together or in close proximity so that a reaction can proceed The end product of a curing process To prepare, preserve or finish by a chemical or physical process Can or will fail the Extraction Procedure Toxicity Test Method, EPA Test Method 1310B, used prior to the TCLP test method to determine toxicity pursuant to 40 C.F.R. § 261.24 A state of matter between a solid and a gas, shapeless and fluid, taking the shape of its container; and/or any material that fails the Paint Filter Test Any of a group double sulfates of metals, for example M2(SO4)2·12H2O, in a liquid state To combine or join two or more things An interval of time

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TERM Powder Substantially solid (in form) TCLP

AGREED CONSTRUCTION An aggregation of loose, small, solid particles A substance having a substantially definite volume and shape Toxicity Characteristic Leaching Procedure, EPA Test Method 1311, "A solid waste ... exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in 'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,' ... the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given in that table." 40 C.F.R. § 261.24 To subject to a process

Treat(ing)

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Modified Joint Claim Construction Statement

U.S. Pat. No. 6,139,485

B.

CONSTRUCTIONS ON WHICH THE PARTIES DISAGREE 1. Claim 1 PLAINTIFF 'S POSITION Materials that have the capacity to yield, produce or release lead Sevenson's proposed construction is based on the common and ordinary meaning of the term in question, as supported by the following references: Hawley 's Condensed Chemical Dictionary, 11th Ed. (Van Nostrand Reinhold Co., Inc. 1987); Bennett, Concise Chemical and Technical Dictionary, 3d Ed. (Chemical Pub. Co., Inc. 1974); Concise Encyclopedia of Polymer Science and Engineering (John Wiley & Sons, Inc. 1990); McGraw-Hill Dictionary of Scientific and Technical Terms, 3d Ed. (McGraw-Hill Inc. 1984); American Heritage Dictionary, 2d Coll. Ed. (Houghton Mifflin Co. 1982). In addition, the patents in suit (specification, figures, claims, and file histories) support and use the common and ordinary meaning of the term in question [hereinafter Sevenson's Supporting Evidence]. DEFENDANT 'S POSITION Material(s) containing leachable lead

TERM Lead-bearing material

'485 patent, col. 3, lines 44-45 and col. 22, line 58.

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TERM Leachable lead

PLAINTIFF 'S POSITION Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method '485 patent, col. 2, lines 43-49 ("[H]azardous wastes containing excessive amounts of leachable lead are banned from land disposal..."), col. 3, lines 1-3, col. 3, lines 20-24, col. 5, lines 8-11, and col. 6, lines 3-8; 40 C.F.R. § 261.24 ("A solid waste ... exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure ... the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given in that table.").

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Modified Joint Claim Construction Statement

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TERM Stabilize

PLAINTIFF 'S POSITION To put within a state of defined limit(s); not easily decomposed or otherwise modified chemically

DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA '485 patent, title ("Fixation and Stabilization of Metals in Contaminated Soils and Materials"), col. 3, lines 35-37 ("The invention relates to treatment methods employed to chemically convert leachable metal in metal-bearing solid and liquid waste materials to a non-leachable form."), col. 3, lines 56-59 ("The processes of the present inventions provide reactions that convert leachable metals, especially lead, into a non-leachable form which is geochemically stable for indefinite periods ... "), and col. 4, lines 64-67 ("... so as to render the metal substantially non-leachable, that is, to levels below the regulatory threshold limit under the TCLP test criteria of the USEPA."). Concentration (measured in mg/L) of lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method '485 patent, col. 2, lines 44-49 and col. 5, lines 8-11; 40 C.F.R. § 261.24. First component plus second component mixed together '485 patent, col. 6, lines 65-67 and col. 22, lines 59-60.

See Sevenson's Supporting Evidence, supra, Claim 1.

Leachable lead level

The amount of lead that can be removed from a material by extraction

See Sevenson's Supporting Evidence, supra, Claim 1. Treatment additive A reactant See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals '485 patent, Fig. 1 (showing separate and distinct Group One and Group Two treatment chemicals), col. 4, lines 46-49 ("A first group of treatment chemicals for use in the processes of the present invention includes lime, gypsum, alum, halites, Portland cement, and other similar products that can supply sulfates, halites, hydroxides, and/or silicates."), col. 6, lines 24-27 ("A first group, 'group one', comprises a source of sulfate, hydroxide, chloride, fluoride, and/or silicates. These sources are gypsum, lime, sodium silicate, cement, calcium fluoride, alum, and/or like similar products."), and col. 22, lines 60-63.

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Sulphate(s)

PLAINTIFF 'S POSITION A material comprising the anion (SO4 )2See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A compound containing a sulphate group, (SO4 )2Hackh's Chemical Dictionary 645 (4th ed. 1969) (hereinafter Hackh's); McGraw-Hill Dictionary of Scientific and Technical Terms 1853 (4th ed. 1989) (hereinafter McGraw-Hill). A compound containing a chlorine ion, ClHackh's at 152; McGraw-Hill at 342. A compound containing a fluorine ion, FHackh's at 274; McGraw-Hill at 741. The compound sodium chloride (NaCl) Hackh's at 311; Hawley's Condensed Chemical Dictionary 584 (11th ed. 1987) (hereinafter Hawley's); McGraw-Hill at 850. A compound containing a halogen element (fluorine, chlorine, bromine, iodine, astatine) Hackh's at 311; Hawley's at 584-85; McGraw-Hill at 850. A compound having a molecular structure containing silicon, oxygen, and one or more metals Hackh's at 610; Hawley's at 1038; McGraw-Hill at 1732.

Chloride(s)

A material comprising a chlorine ion, ClSee Sevenson's Supporting Evidence, supra, Claim 1.

Fluoride(s)

A material comprising a fluorine ion, FSee Sevenson's Supporting Evidence, supra, Claim 1.

Halite(s)

A material comprising sodium chloride (NaCl) See Sevenson's Supporting Evidence, supra, Claim 1.

Halide(s)

A material comprising a halogen ion (fluorine, chlorine, bromine, iodine, astatine) See Sevenson's Supporting Evidence, supra, Claim 1.

Silicate(s)

A material comprising silicon, oxygen, and one or more metals with or without hydrogen See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Supply(ies)

PLAINTIFF 'S POSITION Provide or make available one or more reactant(s)

DEFENDANT 'S POSITION To make available for the stabilization process, wherein the stabilization process is converting the leachable metal into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA '485 patent, col. 7, lines 36-45 ("In the second step of the process, the solid waste material as amended with gypsum powder is treated with a phosphate-supplying reagent reacts chemically to immobilize the remaining leachable lead. The phosphate-supplying reagent includes phosphate ion sources having one or more reactive phosphate ions, such as phosphoric acid, trisodium phosphate, a potassium phosphate and monobasic or dibasic calcium phosphates.") and col. 11, lines 37-40 ("In addition, the amount of phosphate-supplying reagent is prescribed in an amount sufficient to produce mineral species such as hydroxy-lead apatite in contaminated soil or solid waste material.").

See Sevenson's Supporting Evidence, supra, Claim 1.

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Modified Joint Claim Construction Statement

U.S. Pat. No. 6,139,485

TERM Second component

PLAINTIFF 'S POSITION A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3'485 patent, Fig. 1 (showing separate and distinct Group One and Group Two treatment chemicals), col. 4, lines 50-56 ("A second group consists of treatment chemicals which can supply phosphate ions. This group includes products such as phosphoric acid, pyrophosphates, triple super phosphate (TSP), trisodium phosphate, potassium phosphates, ammonium phosphates and/or others capable of supplying phosphate anion when mixed with a metal-bearing process material or with a metal-toxic hazardous waste."), col. 6, lines 28-33 ("The second group, 'group two', comprises a source of phosphate anion. This group consists of products like phosphoric acid (phosphoric), pyrophosphates, triple super phosphate, trisodium phosphates, potassium phosphates, ammonium phosphates and/or similar compounds capable of supplying a phosphate anion."), col. 7, lines 41-45 ("The phosphate-supplying reagent includes phosphate ion sources having one or more reactive phosphate ions, such as phosphoric acid, trisodium phosphate, a potassium phosphate and monobasic or dibasic calcium phosphates."), and col. 22, lines 63-64; Hackh's at 354 (ion), 514 (phosphate); McGraw-Hill at 1413 (phosphate).

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TERM At least one phosphate anion

PLAINTIFF 'S POSITION At least one molecule of (PO4 )3-

DEFENDANT 'S POSITION A compound capable of supplying a source of one or more phosphate anions, (PO4 )3-, per molecule of said compound; for example, triple super phosphate contains up to three times the amount of available phosphate per molecule '485 patent, col. 4, lines 50-56 ("A second group consists of treatment chemicals which can supply phosphate ions. This group includes products such as phosphoric acid, pyrophosphates, triple super phosphate (TSP), trisodium phosphate, potassium phosphates, ammonium phosphates and/or others capable of supplying phosphate anion."), col. 6, lines 28-33 ("The second group, 'group two', comprises a source of phosphate anion. This group consists of products like phosphoric acid (phosphoric), pyrophosphates, triple super phosphate, trisodium phosphates, potassium phosphates, ammonium phosphates and/or similar compounds capable of supplying a phosphate anion."), col. 7, lines 41-45 ("The phosphate-supplying reagent includes phosphate ion sources having one or more reactive phosphate ions, such as phosphoric acid, trisodium phosphate, a potassium phosphate and monobasic or dibasic calcium phosphates."); Rhine v. Casio, Inc., 183 F.3d 1342, 1345 (Fed. Cir. 1999) ("Use of the phrase 'at least one' means that there could be only one or more than one."); Hackh's at 354 (ion), 514 (phosphate), 693 (TSP); Hawley's at 1193 (TSP); McGraw-Hill at 1413 (phosphate), 1970 (TSP).

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Solution form

PLAINTIFF 'S POSITION A liquid containing dissolved material(s)

DEFENDANT 'S POSITION A homogeneous liquid mixture in which the components are uniformly distributed throughout the mixture Hackh's at 391; McGraw-Hill at 1771; '485 patent, col. 7, lines 52-65, col. 8, lines 27-30, col. 8, lines 46-48, and col. 11, lines 16-17. Lead-bearing material plus treatment additive mixed together, wherein the treatment additive is the first component plus the second component mixed together

See Sevenson's Supporting Evidence, supra, Claim 1.

Mixture

A homogeneous or heterogeneous material in any physical state that consists of two or more chemical components that have no firm chemical bonding between them and that are physically separable See Sevenson's Supporting Evidence, supra, Claim 1.

'485 patent, col. 22, lines 58-60.

2. TERM Lead-bearing material

Claim 2 PLAINTIFF 'S POSITION Materials that have the capacity to yield, produce or release lead See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Material(s) containing leachable lead

'485 patent, col. 3, lines 44-45 and col. 22, line 58.

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Modified Joint Claim Construction Statement

U.S. Pat. No. 6,139,485

TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 1. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 1.

See Sevenson's Supporting Evidence, supra, Claim 1. Second component A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

3. TERM Lead-bearing material

Claim 3 PLAINTIFF 'S POSITION Materials that have the capacity to yield, produce or release lead See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Material(s) containing leachable lead

'485 patent, col. 3, lines 44-45 and col. 22, line 58.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 1. A compound with the chemical formula H2 SO4 Hackh's at 648; Hawley's at 1108; McGraw-Hill at 1854.

See Sevenson's Supporting Evidence, supra, Claim 1. Sulfuric acid An acid comprising H2 SO4 See Sevenson's Supporting Evidence, supra, Claim 1.

4. TERM Lead-bearing material

Claim 4 PLAINTIFF 'S POSITION Materials that have the capacity to yield, produce or release lead See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Material(s) containing leachable lead

'485 patent, col. 3, lines 44-45 and col. 22, line 58.

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TERM Second component

PLAINTIFF 'S POSITION A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 1. A compound made with water capable of supplying a source of phosphate anion, (PO4 )3-, wherein water is a compound with the chemical formula H2 O Hackh's at 56 (aqueous), 719 (water); Hawley's at 1232 (water); McGraw-Hill at 114 (aqueous), 2046 (water); see also supra, Claim 1.

Aqueous phosphate reagent

A liquid material containing water capable of supplying a source of phosphate anion, (PO4 )3-, wherein water is a compound with the formula H2 O See Sevenson's Supporting Evidence, supra, Claim 1.

5. TERM Lead-bearing material

Claim 5 PLAINTIFF 'S POSITION Materials that have the capacity to yield, produce or release lead See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Material(s) containing leachable lead

'485 patent, col. 3, lines 44-45 and col. 22, line 58. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 1.

Second component

A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Phosphoric acid

PLAINTIFF 'S POSITION An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A compound with the chemical formula H3 PO4 Hackh's at 515; Hawley's at 910; McGraw-Hill at 1414.

6. TERM Lead-bearing material

Claim 6 PLAINTIFF 'S POSITION Materials that have the capacity to yield, produce or release lead See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Material(s) containing leachable lead

'485 patent, col. 3, lines 44-45 and col. 22, line 58. A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 1.

First component

A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

See Sevenson's Supporting Evidence, supra, Claim 1.

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Modified Joint Claim Construction Statement

U.S. Pat. No. 6,139,485

TERM Sulphate(s)

PLAINTIFF 'S POSITION A material comprising the anion (SO4 )2See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A compound containing a sulphate group, (SO4 )2See supra, Claim 1. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 1. A compound with the chemical formula H3 PO4 See supra, Claim 5.

Second component

A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

Phosphoric acid

An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

7.

Claim 7

Plaintiff has indicated it does not intend to assert claim 7. See Letter from Ferguson to Cook of May 18, 2006. 8. Claim 8

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of October 13, 2006. 9. Claim 9

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of October 13, 2006. 10. Claim 10

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of October 13, 2006.

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11.

Claim 11

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of October 13, 2006. 12. Claim 12

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of October 13, 2006. 13. Claim 13

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of October 13, 2006. 14. Claim 14

Plaintiff has indicated it does not intend to assert claim 14. See Letter from Ferguson to Cook of May 18, 2006. 15. TERM Waste matrix of lead-bearing material Claim 15 PLAINTIFF 'S POSITION A matter within which material bearing leachable lead is contained See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained '485 patent, col. 3, lines 40-46 and col. 23, lines 49-50; American Heritage at 772-73. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1.

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TERM Stabilize

PLAINTIFF 'S POSITION To put within a state of defined limit(s); not easily decomposed or otherwise modified chemically

DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 1. Concentration (measured in mg/L) of lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. First component plus second component mixed together '485 patent, col. 23, lines 53-55; see also supra Claim 1. A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals '485 patent, col. 23, lines 55-58; see also supra Claim 1.

See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead level The amount of lead that can be removed from a material by extraction

See Sevenson's Supporting Evidence, supra, Claim 1. Treatment additive A reactant See Sevenson's Supporting Evidence, supra, Claim 1. First component A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Sulphate(s)

PLAINTIFF 'S POSITION A material comprising the anion (SO4 )2See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A compound containing a sulphate group, (SO4 )2See supra, Claim 1. A compound containing a chlorine ion, ClSee supra, Claim 1. A compound containing a fluorine ion, FSee supra, Claim 1. The compound sodium chloride (NaCl) See supra, Claim 1. A compound containing a halogen element (fluorine, chlorine, bromine, iodine, astatine) See supra, Claim 1. A compound having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 1.

Chloride(s)

A material comprising a chlorine ion, ClSee Sevenson's Supporting Evidence, supra, Claim 1.

Fluoride(s)

A material comprising a fluorine ion, FSee Sevenson's Supporting Evidence, supra, Claim 1.

Halite(s)

A material comprising sodium chloride (NaCl) See Sevenson's Supporting Evidence, supra, Claim 1.

Halide(s)

A material comprising a halogen ion (fluorine, chlorine, bromine, iodine, astatine) See Sevenson's Supporting Evidence, supra, Claim 1.

Silicate(s)

A material comprising silicon, oxygen, and one or more metals with or without hydrogen See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Supply(ies)

PLAINTIFF 'S POSITION Provide or make available one or more reactant(s)

DEFENDANT 'S POSITION To make available for the stabilization process, wherein the stabilization process is converting the leachable metal into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 1. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3'485 patent, col. 23, lines 59-60; see also supra Claim 1. A compound capable of supplying a source of one or more phosphate anions, (PO4 )3-, per molecule of said compound; for example, triple super phosphate contains up to three times the amount of available phosphate per molecule See supra, Claim 1. A homogeneous liquid mixture in which the components are uniformly distributed throughout the mixture See supra, Claim 1.

See Sevenson's Supporting Evidence, supra, Claim 1. Second component A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1. At least one phosphate anion At least one molecule of (PO4 )3-

See Sevenson's Supporting Evidence, supra, Claim 1. Solution form A liquid containing dissolved material(s)

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Mixture

PLAINTIFF 'S POSITION A homogeneous or heterogeneous material in any physical state that consists of two or more chemical components that have no firm chemical bonding between them and that are physically separable See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Waste matrix of lead-bearing material plus treatment additive mixed together, wherein the treatment additive is the first component plus the second component mixed together '485 patent, col. 23, lines 53-55.

16. TERM Waste matrix

Claim 16 PLAINTIFF 'S POSITION A matter within which material bearing leachable substances is contained See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained See supra, Claim 15.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 15. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 15.

See Sevenson's Supporting Evidence, supra, Claim 1. Second component A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

17. TERM Waste matrix

Claim 17 PLAINTIFF 'S POSITION A matter within which material bearing leachable substances is contained See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained See supra, Claim 15.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 15. To make available for the stabilization process, wherein the stabilization process is converting the leachable metal into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 1. A compound containing a sulphate ion, (SO4 )2See supra, Claim 1.

See Sevenson's Supporting Evidence, supra, Claim 1. Supply(ies) Provide or make available one or more reactant(s)

See Sevenson's Supporting Evidence, supra, Claim 1. Sulfate ion(s) A material comprising sulfate ion (SO4 )2See Sevenson's Supporting Evidence, supra, Claim 1.

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18. TERM Waste matrix

Claim 18 PLAINTIFF 'S POSITION A matter within which material bearing leachable substances is contained See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained See supra, Claim 15. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 15. A compound made with water capable of supplying a source of phosphate anion, (PO4 )3-, wherein water is a compound with the chemical formula H2 O See supra, Claim 4.

Second component

A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

Aqueous phosphate reagent

A liquid material containing water capable of supplying a source of phosphate anion, (PO4 )3-, wherein water is a compound with the formula H2 O See Sevenson's Supporting Evidence, supra, Claim 1.

19. TERM Waste matrix

Claim 19 PLAINTIFF 'S POSITION A matter within which material bearing leachable substances is contained See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained See supra, Claim 15.

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TERM Second component

PLAINTIFF 'S POSITION A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 15. A compound with the chemical formula H3 PO4 See supra, Claim 5.

Phosphoric acid

An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

20. TERM Waste matrix

Claim 20 PLAINTIFF 'S POSITION A matter within which material bearing leachable substances is contained See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained See supra, Claim 15.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 15. A compound containing a sulphate group, (SO4 )2See supra, Claim 1. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 15. A compound with the chemical formula H3 PO4 See supra, Claim 5.

See Sevenson's Supporting Evidence, supra, Claim 1. Sulphate(s) A material comprising the anion (SO4 )2See Sevenson's Supporting Evidence, supra, Claim 1. Second component A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1. Phosphoric acid An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

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21. TERM Waste matrix

Claim 21 PLAINTIFF 'S POSITION A matter within which material bearing leachable substances is contained See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance within which material containing leachable lead and soil is contained See supra, Claim 15. A separate and distinct compound capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein chlorides consist of a compound containing a chlorine ion (Cl-), wherein fluorides consist of a compound containing a fluorine ion (F-), wherein halites consist of the substance sodium chloride (NaCl), wherein halides consist of a compound containing a halogen element (fluorine, chlorine, bromine, iodine, or astatine), and wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals See supra, Claim 15. A compound with the chemical formula H2 SO4 See supra, Claim 3. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 15.

First component

A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

See Sevenson's Supporting Evidence, supra, Claim 1. Sulfuric acid An acid comprising H2 SO4 See Sevenson's Supporting Evidence, supra, Claim 1. Second component A material capable of supplying at least one phosphate anion See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Phosphoric acid

PLAINTIFF 'S POSITION An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A compound with the chemical formula H3 PO4 See supra, Claim 5.

22. TERM Immobilize(ing)

Claim 22 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA '485 patent, Example 6, col. 3, lines 35-37 ("The invention relates to treatment methods employed to chemically convert leachable metal in metal-bearing solid and liquid waste materials to a non-leachable form."), col. 4, lines 64-67 ("... so as to render the metal substantially non-leachable, that is, to levels below the regulatory threshold limit under the TCLP test criteria of the USEPA."), and col. 5, lines 12-14 ("It is another object of the present invention to provide a method to immobilize lead to leachable levels below 5 mg/l by TCLP test criteria."). Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1.

Contaminated soils or solid waste materials

Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1.

'485 patent, col. 3, lines 40-45 and col. 24, lines 14-17.

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TERM Leachable lead

PLAINTIFF 'S POSITION Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Concentration (measured in mg/L) of lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. First component plus second component mixed together '485 patent, col. 6, lines 65-67 and col. 24, lines 16-17.

Leachable lead level

The amount of lead that can be removed from a material by extraction

See Sevenson's Supporting Evidence, supra, Claim 1. Treatment additive A reactant See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of sulphates, chlorides, fluorides, halites, halides and/or silicates

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of reactive sulfate ions, wherein reactive sulfate ions consist of a consist of a compound containing a reactive sulphate ion ((SO4 )2-) '485 patent, Fig. 1 (showing separate and distinct Group One and Group Two treatment chemicals), col. 4, lines 46-49 ("A first group of treatment chemicals for use in the processes of the present invention includes lime, gypsum, alum, halites, Portland cement, and other similar products that can supply sulfates, halites, hydroxides, and/or silicates."), col. 6, lines 24-27 ("A first group, 'group one', comprises a source of sulfate, hydroxide, chloride, fluoride, and/or silicates. These sources are gypsum, lime, sodium silicate, cement, calcium fluoride, alum, and/or like similar products."), col. 24, lines 19-20. A compound containing a reactive sulphate ion, (SO4 )2-

See Sevenson's Supporting Evidence, supra, Claim 1.

One or more reactive sulfate ion(s)

At least one sulfate ion (SO4 )2- available for use in a reaction See Sevenson's Supporting Evidence, supra, Claim 1.

See supra, Claim 1. A phosphate supplying reagent, wherein a phosphate supplying reagent is a separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3'485 patent, col. 24, lines 21-22.

Second component

A material capable of supplying at least one phosphate anion

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Phosphate supplying reagent

PLAINTIFF 'S POSITION A material capable of supplying a source of phosphate anion, (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3'485 patent, Fig. 1 (showing separate and distinct Group One and Group Two treatment chemicals), col. 4, lines 50-56 ("A second group consists of treatment chemicals which can supply phosphate ions. This group includes products such as phosphoric acid, pyrophosphates, triple super phosphate (TSP), trisodium phosphate, potassium phosphates, ammonium phosphates and/or others capable of supplying phosphate anion when mixed with a metal-bearing process material or with a metal-toxic hazardous waste."), col. 6, lines 28-33 ("The second group, 'group two', comprises a source of phosphate anion. This group consists of products like phosphoric acid (phosphoric), pyrophosphates, triple super phosphate, trisodium phosphates, potassium phosphates, ammonium phosphates and/or similar compounds capable of supplying a phosphate anion."), col. 7, lines 41-45 ("The phosphate-supplying reagent includes phosphate ion sources having one or more reactive phosphate ions, such as phosphoric acid, trisodium phosphate, a potassium phosphate and monobasic or dibasic calcium phosphates."), and col. 24, lines 21-22; Hackh's at 354 (ion), 514 (phosphate); McGraw-Hill at 1413 (phosphate).

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TERM Mixture

PLAINTIFF 'S POSITION A homogeneous or heterogeneous material in any physical state that consists of two or more chemical components that have no firm chemical bonding between them and that are physically separable See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Contaminated soils or solid waste materials plus treatment additive mixed together, wherein the treatment additive is the first component plus the second component mixed together '485 patent, col. 6, lines 65-67 and col. 24, lines 16-19.

23. TERM Immobilize(ing)

Claim 23 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1. Contaminated soils or solid waste materials Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1.

See supra, Claim 22.

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TERM First component

PLAINTIFF 'S POSITION A material capable of supplying a source of reactive sulfate ions

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of reactive sulfate ions, wherein reactive sulfate ions consist of a consist of a compound containing a reactive sulphate ion ((SO4 )2-) See supra, Claim 22. A phosphate supplying reagent, wherein a phosphate supplying reagent is a separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 22.

See Sevenson's Supporting Evidence, supra, Claim 1. Second component A material capable of supplying at least one phosphate anion

See Sevenson's Supporting Evidence, supra, Claim 1.

24. TERM Immobilize(ing)

Claim 24 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1.

See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Contaminated soils or solid waste materials Phosphate supplying reagent

PLAINTIFF 'S POSITION Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1. A material capable of supplying a source of phosphate anion, (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Soils or solid waste materials containing leachable lead

See supra, Claim 22. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 22. To make available for the stabilization process, wherein the stabilization process is converting the leachable metal into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 1.

Supply(ies)

Provide or make available one or more reactant(s)

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM One or more reactive phosphate ions

PLAINTIFF 'S POSITION At least one phosphate ion available for use in a reaction

DEFENDANT 'S POSITION A compound capable of supplying a source of one or more phosphate anions, (PO4 )3-, per molecule of said compound; for example, triple super phosphate contains up to three times the amount of available phosphate per molecule '485 patent, col. 4, lines 50-56 ("A second group consists of treatment chemicals which can supply phosphate ions. This group includes products such as phosphoric acid, pyrophosphates, triple super phosphate (TSP), trisodium phosphate, potassium phosphates, ammonium phosphates and/or others capable of supplying phosphate anion."), col. 6, lines 28-33 ("The second group, 'group two', comprises a source of phosphate anion. This group consists of products like phosphoric acid (phosphoric), pyrophosphates, triple super phosphate, trisodium phosphates, potassium phosphates, ammonium phosphates and/or similar compounds capable of supplying a phosphate anion."), col. 7, lines 41-45 ("The phosphate-supplying reagent includes phosphate ion sources having one or more reactive phosphate ions, such as phosphoric acid, trisodium phosphate, a potassium phosphate and monobasic or dibasic calcium phosphates."); Rhine v. Casio, Inc., 183 F.3d 1342, 1345 (Fed. Cir. 1999) ("Use of the phrase 'at least one' means that there could be only one or more than one."); Hackh's at 354 (ion), 514 (phosphate), 693 (TSP); Hawley's at 1193 (TSP); McGraw-Hill at 1413 (phosphate), 1970 (TSP).

See Sevenson's Supporting Evidence, supra, Claim 1.

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25. TERM Immobilize(ing)

Claim 25 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1. Contaminated soils or solid waste materials Phosphate supplying reagent Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1. A material capable of supplying a source of phosphate anion, (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1. Phosphoric acid An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

See supra, Claim 22. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 22. A compound with the chemical formula H3 PO4 See supra, Claim 5.

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TERM Trisodium phosphate

PLAINTIFF 'S POSITION A material comprising Na3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A compound with the chemical formula Na3 PO4 Hawley's at 1070; McGraw-Hill at 1971. Compounds containing potassium and a phosphate anion, (PO4 )3See supra, claim 1. A compound with the chemical formula CaH4 (PO4 )·H2 O Hackh's at 124-125; Hawley's at 207. A compound with the chemical formula CaHPO4 ·2H2 O Hackh's at 124-125; Hawley's at 207.

Potassium phosphate(s)

A material comprising potassium and a phosphate anion (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1.

Monobasic calcium phosphate Dibasic calcium phosphate

A material comprising CaH4 (PO4 )·H2 O See Sevenson's Supporting Evidence, supra, Claim 1. A material comprising CaHPO4 ·2H2 O See Sevenson's Supporting Evidence, supra, Claim 1.

26. TERM Immobilize(ing)

Claim 26 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22.

See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Leachable lead

PLAINTIFF 'S POSITION Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Soils or solid waste materials containing leachable lead

Contaminated soils or solid waste materials First component

Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1. A material capable of supplying a source of reactive sulfate ions

See supra, Claim 22. A separate and distinct compound capable of supplying a source of reactive sulfate ions, wherein reactive sulfate ions consist of a consist of a compound containing a reactive sulphate ion ((SO4 )2-) See supra, Claim 22. A compound with the chemical formula H2 SO4 See supra, Claim 3.

See Sevenson's Supporting Evidence, supra, Claim 1. Sulfuric acid An acid comprising H2 SO4 See Sevenson's Supporting Evidence, supra, Claim 1.

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27. TERM Immobilize(ing)

Claim 27 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1. Contaminated soils or solid waste materials First component Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1. A material capable of supplying a source of reactive sulfate ions

See supra, Claim 22. A separate and distinct compound capable of supplying a source of reactive sulfate ions, wherein reactive sulfate ions consist of a consist of a compound containing a reactive sulphate ion ((SO4 )2-) See supra, Claim 22. A compound with the chemical formula H2 SO4 See supra, Claim 3.

See Sevenson's Supporting Evidence, supra, Claim 1. Sulfuric acid An acid comprising H2 SO4 See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Second component

PLAINTIFF 'S POSITION A material capable of supplying at least one phosphate anion

DEFENDANT 'S POSITION A phosphate supplying reagent, wherein a phosphate supplying reagent is a separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 22. A compound with the chemical formula H3 PO4 See supra, Claim 5.

See Sevenson's Supporting Evidence, supra, Claim 1. Phosphoric acid An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

28. TERM Immobilize(ing)

Claim 28 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1. Contaminated soils or solid waste materials Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1.

'485 patent, col. 24, lines 48-50; see also supra, Claim 22.

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TERM Leachable lead

PLAINTIFF 'S POSITION Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Concentration (measured in mg/L) of lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Sulfuric acid plus phosphate supplying reagent, mixed together '485 patent, col. 6, lines 65-67 and col. 34, lines 50-53. A compound with the chemical formula H2 SO4 See supra, Claim 3. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 22.

Leachable lead level

The amount of lead that can be removed from a material by extraction

See Sevenson's Supporting Evidence, supra, Claim 1. Combination A result or product of bringing two or more entities into close relationship See Sevenson's Supporting Evidence, supra, Claim 1. Sulfuric acid An acid comprising H2 SO4 See Sevenson's Supporting Evidence, supra, Claim 1. Phosphate supplying reagent A material capable of supplying a source of phosphate anion, (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Mixture

PLAINTIFF 'S POSITION A homogeneous or heterogeneous material in any physical state that consists of two or more chemical components that have no firm chemical bonding between them and that are physically separable See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION Sulfuric acid plus phosphate supplying reagent, mixed together

'485 patent, col. 6, lines 65-67 and col. 34, lines 50-53.

29. TERM Immobilize(ing)

Claim 29 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1. Contaminated soils or solid waste materials Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1.

See supra, Claim 28.

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Modified Joint Claim Construction Statement

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TERM Phosphate supplying reagent

PLAINTIFF 'S POSITION A material capable of supplying a source of phosphate anion, (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1.

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 22. A compound with the chemical formula H3 PO4 See supra, Claim 5. A compound with the chemical formula Na3 PO4 See supra, Claim 25. Compounds containing potassium and a phosphate anion, (PO4 )3See supra, Claim 25. A compound with the chemical formula CaH4 (PO4 )·H2 O See supra, Claim 25. A compound with the chemical formula CaHPO4 ·2H2 O See supra, Claim 25.

Phosphoric acid

An acid comprising H3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

Trisodium phosphate

A material comprising Na3 PO4 See Sevenson's Supporting Evidence, supra, Claim 1.

Potassium phosphate(s)

A material comprising potassium and a phosphate anion (PO4 )3See Sevenson's Supporting Evidence, supra, Claim 1.

Monobasic calcium phosphate Dibasic calcium phosphate

A material comprising CaH4 (PO4 )·H2 O See Sevenson's Supporting Evidence, supra, Claim 1. A material comprising CaHPO4 ·2H2 O See Sevenson's Supporting Evidence, supra, Claim 1.

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30. TERM Immobilize(ing)

Claim 30 PLAINTIFF 'S POSITION To prevent freedom of movement or effective use DEFENDANT 'S POSITION Convert into non-leachable form, i.e., the TCLP metal level is below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 22. Soils or solid waste materials containing leachable lead

See Sevenson's Supporting Evidence, supra, Claim 1. Contaminated soils or solid waste materials Leachable lead Soil or solid waste materials containing an undesirable or unwanted material See Sevenson's Supporting Evidence, supra, Claim 1. Lead that has been or has the capacity to be dissolved out of something by a carrier fluid See Sevenson's Supporting Evidence, supra, Claim 1. Leachable lead level The amount of lead that can be removed from a material by extraction

'485 patent, col. 24, lines 64-65; see also supra, Claim 22. Lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Concentration (measured in mg/L) of lead present in the TCLP extract from a representative sample of waste after performing the TCLP test method See supra, Claim 1. Sulfate reagent plus phosphate supplying reagent mixed together '485 patent, col. 6, lines 65-67 and col. 34, line 67 to col. 35 lines 1-2.

See Sevenson's Supporting Evidence, supra, Claim 1. Combination A result or product of bringing two or more entities into close relationship See Sevenson's Supporting Evidence, supra, Claim 1.

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Modified Joint Claim Construction Statement

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TERM Sulfate reagent

PLAINTIFF 'S POSITION A material capable o