Interference No. 103,635
(7) The process used in the U.S. plant was finalized or "frozen" primarily on the basis of
computer simulated tests carried out in England (SX 11).
(8) Scheme 1 of SX 11 using the temperatures of SX 17 is the process which was
finalized and adopted for use in the U.S. at least by the end of February, [sic]1990.
(9) The process to be used in the St. Gabriel, Louisiana plant as described in Scheme
1 was known to Dattani and other ICI Americas employees in Wilmington, Delaware by
at least the first week of February 1990.
(10) The process of Scheme 1 of SX 11 was compared with the process as used in the
U.S. plant by Dr. Robinson in 1993 and he found the process as used in the plant to be
in accord with Scheme 1.
(11) The process of Scheme 1 of SX 11 using the temperatures of SX 17 satisfies the
language of the count.
(12) In the period March 12-14, 1990, two ICI U.K. and four ICI Americas representatives
visited six U.S. offices of prospective contractors in different parts of the U.S. for the
purpose of selecting a contractor to build the St. Gabriel plant.
(13) The individuals who visited the prospective contractors made their own individual
assessments of the contractors and then met the following week to select a contractor.
(14) The contractor was selected on or about March 23, 1990 but was not told of this until
about March 28, 1990 as other issues needed to be considered with this contractor.
(15) After the contractor (Badger) was selected, arrangements were immediately
undertaken to meet with the contractor and take other actions needed to proceed with
plant design and construction.
(16) In addition to the contractor visits, there was other continuous activity in the U.S. in
the period February-March, 1990, and thereafter, towards planning and building the St.
Gabriel facility.
(17) At least ten ICI Americas employees located in Wilmington and/or elsewhere in the
U.S. were working full time in the period February-March, 1990, and thereafter, to
complete the St. Gabriel facility and have it working by the end of 1992.
(18) From the time of its appointment as contractor, Badger averaged about 30-35
people working on the plant project details to obtain sanction approval for the plant with
up to 150 or more employees working on the plant after it was sanction.
(19) There was pressure to file the Scott U.K. application because activity in the U.S.
and the filing was done as soon as possible.
(20) The project for building the St. Gabriel plant went from the laboratory process
directly into the commercial plant without the intermediate use of a pilot plant or semi-
works plant.
(21) The St. Gabriel plant was completed and operating to produce 134a by the end of
1992, somewhat ahead of schedule.
In particular, the Scott exhibits, as listed in Appendix 3 of Scott's Brief, indicate that
the following activities took place in the U.S. during the period March 12-29, 1990:
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