Alto Ingredients Inc (ALTO)

[Slashnuts]

The 2003 Samples Cooled In Minutes, Took Hours To Process

The reason the centrifuge continuously plugged during the 2003 testing is because they didn't practice the methods.

Defendant's misled The Court to believe the syrup in the 2003 test was "170 degree's". It may have been 170 when they collected it, but not by the time they tested it. The patents specify a range of 150-212 (ideally 180). They collected 4, 2 quart pitchers of syrup and processed them over a period of 4-6 hours, without heating the syrup.

I did a quick experiment, here's what I found: I heated 100% water to 170 degrees and poured it into a 2 quart pitcher. The temperature instantly dropped 7 degrees. Within 9 minutes, the water was 149.9, below the required temperature to practice the patent.

I repeated the same experiment with 100% oil. The temperature was below 150 degrees within 4 minutes.

Syrup is a mixture of oil, water and solids. The syrup pulled from Agri-Energy's syrup tank during the 2003 test would've cooled below 150 within roughly 6 minutes, let alone 6 hours.

Think about that. By the time they collected the samples, walked to the test centrifuge and started processing it, the samples were below the required temperature to practice the method. "A cold vinaigrette".

The centrifuge didn't process the syrup in a continuous fashion because it repeatedly clogged and had to be disassembled. Were not talking about CIP here.

The inventors knew something in the evaporation process allowed for oil recovery but it wasn't reduced to practice. The methods weren't established until after the 2004 test.