Document M4nxYYevmz5eYNXR8LMDK4Dwy

13/19/2004 14:59 4124908885 FISHER LEGAL f q C v mpA p w IN T E L \n u F INTERDEPARTMENTAL COMMUNICATION FISHER SCIENTIFIC COMPANY PAGE 03/08 TO. FROM Charlie Dithrich Jim Philip SUBJ :CT_ April 4,. .1972 DATE. AT. Pittsburgh AT. Pair Lawn A-908,- ASBESTOS, Powder Charlie: ,We have been selling one-hundred pound u nits o f A-908., Asbestos to Union Carbide Research through the Cleveland branch and Tom Price as the salesman. They used this material in compounding a product and this product was used patentable and patent was applied for. When th product was transferred to a development lab, these people claimed th A-908, Asbestos,' was actually talc.. This was proven to. the satisfaction of the development people through X-ray diffraction. Mr. J. P. Hohmann, U nion Carbide Patent Lawyer,called m e on March .29'., 1972,and, .after explaining t h above,' asked if w e had. any justification for calling our A-908 product "Asbestos." . If we-could not,, he explained', that .their patent application would require refiling and this would c ause a loss- of time and money. When I checked into this problem, we use talc purchased from Whittaker', Clark,. & Daniel's, Incorporated, for both T-4, Talc, and A-908, Asbestos.- Th e chemical analysis for both are identical but the X-ray diffraction p a tte r n s are definitely different so we are mislabelling our A-908, Asbestos. I could not determine when the decision to use Talc as Asbestos was made. Our records show .that bot h T-4 a n d A-908. hav e been packaged from tale bulk since 1963. Our Quality Control people feel' this decision was m a d e prior to the Fair Lawn operation. I called Mr, Hohmann and explained that our A-908, Asbestos, powder, was- actually talc and w e could not determine when this substitution was made. He thanked me and said he would make the necessary changes. He then told me that h e had a copy of PLAINTIFFS EXHIBIT WCD-87 13/19/2004 14:59 4124908885 FISHER LEGAL PAGE 04/08 Charlie Dithr'ich A - 908, ASBESTOS, Powder April 4/. ,1972 ' Page 2 . a letter from our- Peter DelBooa to Tom frj^. " BS`908' asbestos, .Is the amphibole type. A copy of the letter is attached. Also, I have attached a copy of a letter I received Yfsterday from Mr. Bohmann requesting confirmation in writing o phone discussion. I would like your opinion as to my course of action. I feel I should send him a letter but would like your okay. JBP.jcmk Attachments cct. E. Perkins' C.. Dickson G. Pillori- 4