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

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Exhibit E

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Sevenson v. United States 05-1075C

Modified Joint Claim Construction Statement

U.S. Pat. No. 5,994,608

I.

U.S. Patent 5,994,608 ("the '608 patent") A. CONSTRUCTIONS ON WHICH THE PARTIES AGREE

Plaintiff and Defendant agree to the proposed constructions of the following terms of the '608 patent. TERM Alum Aqueous solution Calcium oxide Contact(ing) Cure(ing) Decreased Gypsum Leachable radioactive substances Liquid Period (of time) Radioactive substances AGREED CONSTRUCTION Any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O Relating to or made with water, wherein water is a compound with the chemical formula H2 O A compound with the chemical formula CaO, also known as lime To bring two things together or in close proximity so that a reaction can proceed To prepare, preserve or finish by a chemical or physical process Lessen(ed) Calcium Sulfate Dihydrate (CaSO4 ·2H2 O) Radioactive substances whose radioactivity is measurable as the amount of picocuries per liter (pCi/l) in the TCLP extract of a sample, wherein radioactivity is a natural or artificial nuclear transformation which releases energy in the form of alpha, beta, or gamma rays 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 An interval of time Substances which release energy in the form of alpha, beta, or gamma rays

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TERM Secondary waste stream(s) Selected from the group consisting of soils, debris, sludges, slag, sand, silts, sediments, industrial waste and solid waste materials Selected from the group consisting of sulfates, halites, silicates, alum, and calcium oxide Solid Treat(ing) Water

AGREED CONSTRUCTION Byproduct produced by a process One of the following substances: soils, debris, sludges, slag, sand, silts, sediments, industrial waste and/or solid waste materials

One of the following substances: sulfates, halites, silicates, alum, and calcium oxide

Having a definite volume and shape To subject to a process A compound with the chemical formula H2 O

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Modified Joint Claim Construction Statement

U.S. Pat. No. 5,994,608

B.

CONSTRUCTIONS ON WHICH THE PARTIES DISAGREE 1. Claim 1 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter 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 Debris, soil, sludges, and solid materials containing leachable radioactive substances '608 patent, abstract, col. 4, lines 32-34 ("radionuclides and other radioactive substances contained in debris, soils, sludges and solid materials ('the host material' or 'the host matrix')."), col. 6, lines 4-6, and col. 34, lines 4243.

TERM Material

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TERM Reagent

PLAINTIFF 'S POSITION A material that takes part in a chemical reaction

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying sulfates, halites, silicates, alum, and/or calcium oxide, that participates in a chemical reaction, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein halites consist of the substance sodium chloride (NaCl), wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals, wherein alum consists of any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O, and wherein calcium oxide consists of a compound with the chemical formula CaO, also known as lime '608 patent, Fig. 2a, Fig. 2b (showing separate and distinct Group One and Group One treatment chemicals), col. 8, lines 11-15 ("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. 34, lines 44-46; Hackh's Chemical Dictionary 574 (4th ed. 1969) (hereinafter Hackh's); McGraw-Hill Dictionary of Scientific and Technical Terms 1572 (4th ed. 1989) (hereinafter McGraw-Hill).

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). 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 having a molecular structure containing silicon, oxygen, and one or more metals Hackh's at 610; Hawley's at 1038; McGraw-Hill at 1732. Material plus reagent mixed together

Halite(s)

A material comprising sodium chloride (NaCl) 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.

First mixture

A first 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.

'608 patent, col. 8, lines 57-59 and col. 34, lines 44-46.

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TERM Phosphate compound

PLAINTIFF 'S POSITION A material comprising two or more elements or parts 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 )3'608 patent, Fig. 2a, Fig. 2b (showing separate and distinct Group One and Group Two treatment chemicals), col. 8, lines 16-21 ("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."); Hackh's at 514; McGraw-Hill at 1413. First mixture plus phosphate compound mixed together, wherein the first mixture is the material plus reagent mixed together

Second mixture

A second 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.

'608 patent, col. 8, lines 57-59 and col. 34, lines 46-47. The amount of picocuries per liter (pCi/l) in the TCLP extract of a sample '608 patent, Examples 7-15; Hawley's at 303 ("For radioactvitiy, the concentration is usually expressed a millicuries per milliliter (mCi/mL) or millicuries per millimol mCi/mM.")

Concentration of leachable radioactive substances

The amount of leachable picocuries in a mass or volume of material See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Non-leachable solid materials

PLAINTIFF 'S POSITION Materials having a definite volume and shape containing entities not removable by extraction fluids

DEFENDANT 'S POSITION Materials of a definite volume and shape with a TCLP metal level below the regulatory threshold limit under the TCLP test criteria of the EPA '608 patent, col. 3, lines 49-51 ("... 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."). Hackh's at 623; McGraw-Hill at 1769.

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

2. TERM Material

Claim 2 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

3. TERM Sulphate(s)

Claim 3 PLAINTIFF 'S POSITION A material comprising the anion (SO4 )2See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION A substance containing the anion (SO4 )2See supra, Claim 1.

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TERM Calcium sulfate

PLAINTIFF 'S POSITION A material comprising CaSO4

DEFENDANT 'S POSITION A compound containing calcium and a sulfate group, (SO4 )2Hackh's at 125; Hawley's at 209; McGraw-Hill at 280. 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 Reagent

Claim 4 PLAINTIFF 'S POSITION A material that takes part in a chemical reaction DEFENDANT 'S POSITION A separate and distinct compound capable of supplying sulfates, halites, silicates, alum, and/or calcium oxide, that participates in a chemical reaction, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein halites consist of the substance sodium chloride (NaCl), wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals, wherein alum consists of any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O, and wherein calcium oxide consists of a compound with the chemical formula CaO, also known as lime See supra, Claim 1.

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 substance containing the anion (SO4 )2See supra, Claim 1.

5. TERM Phosphate compound

Claim 5 PLAINTIFF 'S POSITION A material comprising two or more elements or parts 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 1.

6. TERM Phosphate compound

Claim 6 PLAINTIFF 'S POSITION A material comprising two or more elements or parts 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 1.

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7. TERM Phosphate compound

Claim 7 PLAINTIFF 'S POSITION A material comprising two or more elements or parts 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 1. A phosphate compound capable of dissolving in water, wherein water is a compound with the chemical formula H2 O Hackh's at 624 (soluble), 719 (water); Hawley's at 1232 (water); McGraw-Hill at 1771 (soluble), 2046( (water).

Water-soluble phosphate

A phosphate capable of dissolving in water, wherein water is a compound with the chemical formula H2 O

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

8.

Claim 8

Plaintiff has indicated it does not intend to assert claim 8. See Letter from Ferguson to Cook of May 18, 2006. 9. Claim 9

Plaintiff has indicated it does not intend to assert claim 9. See Letter from Ferguson to Cook of May 18, 2006. 10. Claim 10

Plaintiff has indicated it does not intend to assert claim 10. See Letter from Ferguson to Cook of May 18, 2006.

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11. TERM Phosphate compound

Claim 11 PLAINTIFF 'S POSITION A material comprising two or more elements or parts 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 1. Phosphoric acid that contains up to 70% (by weight) phosphate (as P2 O5 ) and sulfate (SO4 -2 ), typically as sulfuric acid in the range of 2.5% to 7% (by weight) as an impurity '608 patent, col. 6, lines 6-9.

Technical grade phosphoric acid

Commercially available phosphoric acid having sulphates as an impurity

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

12. TERM Material

Claim 12 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

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13. TERM Material

Claim 13 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1. A substance added to suspensions to separate the particles

Dispersion agent

A material which facilitates the movement of one item within another See Sevenson's Supporting Evidence, supra, Claim 1.

Hawley's at 433; McGraw-Hill at 558; '608 patent, Example 13, col. 6, lines 11-13 and col. 7, lines 63-65.

14. TERM Material

Claim 14 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

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15. TERM Concentration of leachable radioactive substances Material

Claim 15 PLAINTIFF 'S POSITION The amount of leachable picocuries in a mass or volume of material See Sevenson's Supporting Evidence, supra, Claim 1. Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION The amount of picocuries per liter (pCi/l) in the TCLP extract of a sample See supra, Claim 1. Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

16. TERM Concentration of leachable radioactive substances Material

Claim 16 PLAINTIFF 'S POSITION The amount of leachable picocuries in a mass or volume of material See Sevenson's Supporting Evidence, supra, Claim 1. Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION The amount of picocuries per liter (pCi/l) in the TCLP extract of a sample See supra, Claim 1. Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

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17. TERM Concentration of leachable radioactive substances Material

Claim 17 PLAINTIFF 'S POSITION The amount of leachable picocuries in a mass or volume of material See Sevenson's Supporting Evidence, supra, Claim 1. Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION The amount of picocuries per liter (pCi/l) in the TCLP extract of a sample See supra, Claim 1. Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

18. TERM Material

Claim 18 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 1.

19.

Claim 19

Plaintiff and Defendant agree to the construction of all terms in Claim 19 of the '608 patent. See supra, Part A.

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20. TERM Material

Claim 20 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances '608 patent, col. 35, lines 36-37; see also supra, Claim 1. First component plus second component mixed together '608 patent, col. 8, lines 55-57 and col. 35, lines 39-41.

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 sulfates, halites, silicates, alum, and/or calcium oxide

DEFENDANT 'S POSITION A separate and distinct compound capable of supplying sulfates, halites, silicates, alum, and/or calcium oxide, that participates in a chemical reaction, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein halites consist of the substance sodium chloride (NaCl), wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals, wherein alum consists of any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O, and wherein calcium oxide consists of a compound with the chemical formula CaO, also known as lime '608 patent, Fig. 2a, Fig. 2b (showing separate and distinct Group One and Group One treatment chemicals), col. 8, lines 11-15 ("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. 35, lines 41-43; Hackh's at 574; McGraw-Hill at 1572. A compound containing a sulphate group, (SO4 )2See supra, Claim 1. The compound sodium chloride (NaCl) See supra, Claim 1.

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

Sulphate(s)

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

Halite(s)

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

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TERM Silicate(s)

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

DEFENDANT 'S POSITION A compound 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 )3'608 patent, Fig. 2a, Fig. 2b (showing separate and distinct Group One and Group Two treatment chemicals), col. 8, lines 16-21 ("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."), and col. 35, lines 44-45; Hackh's at 514; McGraw-Hill at 1413. Material plus treatment additive mixed together, wherein the treatment additive is the first component plus the second component mixed together

Second component

A material capable of supplying at least one phosphate anion 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.

'608 patent, col. 8, lines 55-57 and col. 35, lines 39-41. The amount of picocuries per liter (pCi/l) in the TCLP extract of a sample See supra, Claim 1.

Concentration of leachable radioactive substances

The amount of leachable picocuries in a mass or volume of material See Sevenson's Supporting Evidence, supra, Claim 1.

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TERM Non-leachable solid materials

PLAINTIFF 'S POSITION Materials having a definite volume and shape containing entities not removable by extraction fluids

DEFENDANT 'S POSITION Materials of a definite volume and shape with a TCLP metal level below the regulatory threshold limit under the TCLP test criteria of the EPA See supra, Claim 1.

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

21. TERM Material

Claim 21 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 20.

22. TERM Material

Claim 22 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 20.

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23.

Claim 23

Plaintiff and Defendant agree to the construction of all terms in Claim 23 of the '608 patent. See supra, Part A. 24. TERM Material Claim 24 PLAINTIFF 'S POSITION Composed of or pertaining to physical substances; relating to matter See Sevenson's Supporting Evidence, supra, Claim 1. Dispersion agent A material which facilitates the movement of one item within another See Sevenson's Supporting Evidence, supra, Claim 1. DEFENDANT 'S POSITION Debris, soil, sludges, and solid materials containing leachable radioactive substances See supra, Claim 20. A substance added to suspensions to separate the particles

See supra, Claim 13.

25.

Claim 25

Plaintiff has indicated it does not intend to assert claim 25. See Letter from Ferguson to Cook of May 18, 2006.

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26. TERM First component

Claim 26 PLAINTIFF 'S POSITION A material capable of supplying a source of sulfates, halites, silicates, alum, and/or calcium oxide DEFENDANT 'S POSITION A separate and distinct compound capable of supplying sulfates, halites, silicates, alum, and/or calcium oxide, that participates in a chemical reaction, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein halites consist of the substance sodium chloride (NaCl), wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals, wherein alum consists of any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O, and wherein calcium oxide consists of a compound with the chemical formula CaO, also known as lime See supra, Claim 20. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 20.

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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27. TERM First component

Claim 27 PLAINTIFF 'S POSITION A material capable of supplying a source of sulfates, halites, silicates, alum, and/or calcium oxide DEFENDANT 'S POSITION A separate and distinct compound capable of supplying sulfates, halites, silicates, alum, and/or calcium oxide, that participates in a chemical reaction, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein halites consist of the substance sodium chloride (NaCl), wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals, wherein alum consists of any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O, and wherein calcium oxide consists of a compound with the chemical formula CaO, also known as lime See supra, Claim 20. A substance containing the anion (SO4 )2See supra, Claim 1.

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

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28. TERM Second component

Claim 28 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 20. A phosphate compound made with water, wherein water is a compound with the chemical formula H2 O

Aqueous phosphate compound

A liquid material containing water comprising two or more elements or parts 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.

Hackh's at 56 (aqueous), 719 (water); Hawley's at 1232 (water); McGraw-Hill at 114 (aqueous), 2046( (water).

29. TERM Second component

Claim 29 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 20. A compound with the chemical formula H3 PO4 Hackh's at 515; Hawley's at 910; McGraw-Hill at 1414.

Phosphoric acid

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

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U.S. Pat. No. 5,994,608

30. TERM First component

Claim 30 PLAINTIFF 'S POSITION A material capable of supplying a source of sulfates, halites, silicates, alum, and/or calcium oxide DEFENDANT 'S POSITION A separate and distinct compound capable of supplying sulfates, halites, silicates, alum, and/or calcium oxide, that participates in a chemical reaction, wherein sulphates consist of a substance containing the anion (SO4 )2-, wherein halites consist of the substance sodium chloride (NaCl), wherein silicates consist of a substance having a molecular structure containing silicon, oxygen, and one or more metals, wherein alum consists of any of a group double sulfates of metals, for example M2 (SO4 )2 ·12H2 O, and wherein calcium oxide consists of a compound with the chemical formula CaO, also known as lime See supra, Claim 20. A substance containing the anion (SO4 )2See supra, Claim 1. A separate and distinct compound capable of supplying a source of phosphate anion, (PO4 )3See supra, Claim 20. A compound with the chemical formula H3 PO4 See supra, Claim 29.

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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Case 1:05-cv-01075-TCW

Document 35-6

Filed 10/18/2006

Page 25 of 26

Sevenson v. United States 05-1075C

Modified Joint Claim Construction Statement

U.S. Pat. No. 5,994,608

31.

Claim 31

Plaintiff has indicated it does not intend to assert claim 31. See Letter from Ferguson to Cook of May 18, 2006. 32. Claim 32

Plaintiff has indicated it does not intend to assert claim 32. See Letter from Ferguson to Cook of May 18, 2006. 33. Claim 33

Plaintiff has indicated it does not intend to assert claim 33. See Letter from Ferguson to Cook of May 18, 2006. 34. Claim 34

Plaintiff has indicated it does not intend to assert claim 34. See Letter from Ferguson to Cook of May 18, 2006. 35. Claim 35

Plaintiff has indicated it does not intend to assert claim 35. See Letter from Ferguson to Cook of May 18, 2006. 36. Claim 36

Plaintiff has indicated it does not intend to assert claim 36. See Letter from Ferguson to Cook of May 18, 2006. 37. Claim 37

Plaintiff has indicated it does not intend to assert claim 37. See Letter from Ferguson to Cook of May 18, 2006. 38. Claim 38

Plaintiff has indicated it does not intend to assert claim 38. See Letter from Ferguson to Cook of May 18, 2006.

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Case 1:05-cv-01075-TCW

Document 35-6

Filed 10/18/2006

Page 26 of 26

Sevenson v. United States 05-1075C

Modified Joint Claim Construction Statement

U.S. Pat. No. 5,994,608

39.

Claim 39

Plaintiff has indicated it does not intend to assert claim 39. See Letter from Ferguson to Cook of May 18, 2006. 40. Claim 40

Plaintiff has indicated it does not intend to assert claim 40. See Letter from Ferguson to Cook of May 18, 2006.

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