![]() and atmospheric pressure of a gas in the thickened emulsion.īluhm Patent, Col. Claim 18 describes in general terms the patent's process claims: A process for preparing an emulsion blasting agent which comprises: (a) preparing with a water-in-oil type emulsifying agent an emulsion of: (1) an aqueous ammonium nitrate solution as a discontinuous emulsion phase and (2) a liquid carbonaceous fuel as a continuous emulsion phase (b) thickening by cooling said liquid carbonaceous fuel to a consistency such that a gas may be occluded therein and (c) occluding at least 4% by volume at 70☏. Atlas also alleges that Du Pont has infringed the patent's process claims 18, 20, 21, 22, 24, and 30. (The complete text of the patent is attached as Appendix B). The other product claims are dependent on claim 1 and set forth specific ranges of the four major components in claim 1. and atmospheric pressure and a water-in-oil type emulsifying agent said carbonaceous fuel having a consistency such that said occluded gas is held in said emulsion at a temperature of 70☏.īluhm Patent, Col. Claim 1 sets forth in general terms the patent's product claims: An emulsion blasting agent consisting essentially of an aqueous solution of ammonium nitrate forming a discontinuous emulsion phase a carbonaceous fuel forming a continuous emulsion phase an occluded gas dispersed within said emulsion and comprising at least 4% by volume, thereof at 70☏. Specifically, Atlas alleges that Du Pont has infringed the Bluhm patent's product claims 1, 2, 3, 4, 5, 7, 12, 13, 14, 16 and 17. Atlas claims that the accused products and the process for making them infringe upon the Bluhm patent product and process. Atlas alleges that Du Pont infringed the patent by manufacturing and selling Du Pont's products, EL-881, Tovex E, and Tovex EA-4, and that Alamo infringed the patent by reselling these same products. (collectively "Du Pont"), have infringed the Bluhm patent. Du Pont de Nemours and Alamo Explosives Company, Inc. In addition, air is entrapped or occluded in the emulsion to sensitize it.Ītlas alleges that the defendants, E.I. This solution is mixed with fuel and the emulsifier to create a water-in-oil emulsion. The ammonium nitrate, or similar oxidizing agent, is placed in a water solution. Bluhm), describes a water-in-oil emulsion slurry blasting agent consisting essentially of water, ammonium nitrate, a carbonaceous fuel, and an emulsifying agent. 3,447,978 (hereinafter the "Bluhm patent" for its assignor, inventor Harold F. The patent, entitled "Ammonium Nitrate Emulsion blasting Agent and Method of Preparing Same," U.S. obtained a patent which claimed to eliminate the need for high explosive or chemical sensitizers while retaining the water resistance of the gels and slurries. ![]() See Transcript at 402, 442 Plaintiff's Exhibit 57. The use of sensitizers and gelling agents significantly increased the cost and the danger of explosion of the ANFO blasting agents. It was also *1459 necessary to add gelling agents to some of these mixtures to prevent the chemical sensitizers from separating from the slurries. Defendants' Exhibit 130, Tab 11 at 2, 9 Plaintiff's Exhibit 16. In order to obtain the power necessary for commercial use, the industry added high explosives, such as TNT, or chemical sensitizers to the slurries. Slurries are resistant to water but have less explosive power than a pure ANFO mix. In response to this problem, the explosives industry developed slurry mixes of ammonium nitrate in water. The mix will become insensitive and fail to detonate. In a wet bore hole some of the ammonium nitrate in a common ANFO mix will dissolve. ![]() Annual Conference, 1963, Defendants' Exhibit 130, Tab 11 at 2. 8 blasting cap, they enjoy an industry classification of "blasting agents." At the same time, ammonium nitrate is exceptionally soluble in water, a distinct disadvantage in wet application such as in wet "bore holes." Coxon, Ammonium Nitrate Explosives Some Experimental Mixes, paper delivered to Aus. Because they cannot be detonated without an outside charge equivalent to a no. ANFO explosives are used extensively in mining and construction because they are inexpensive and, in contrast to explosives containing high explosive ingredients such as TNT, they can be transported and handled with relative safety. ![]() This patent infringement suit involves ammonium nitrate fuel oil ("ANFO") explosives that are used in the form of a water-in-oil emulsion. Fitzpatrick, Fitzpatrick, Cella, Harper & Scinto, New York City, for defendants. Neely, Locke, Purnell, Boren, Laney & Neely, Dallas, Tex., Joseph M. Bryan Medlock, Jr., Richards, Harris & Medlock, Dallas, Tex., for plaintiff. DU PONT DE NEMOURS AND COMPANY and Alamo Explosives Company, Inc., Defendants. 1455(1983) ATLAS POWDER COMPANY, Plaintiff,Į.I. ![]()
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