VOLUME: II
`PAGES: 186-324
`EXHIBITS: None
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`- - - - - - - - - - - - - - - - - - x
`MICRO MOTION, INC.,
`Petitioner,
`
` v.
`INVENSYS SYSTEMS, INC.,
`Patent Owner.
`- - - - - - - - - - - - - - - - - - x
`
`Case IPR 2014-00178
`
`VIDEOTAPED CONTINUED DEPOSITION OF JEFFREY
`VIPPERMAN, Ph.D., called as a witness by and on
`behalf of the Defendant, pursuant to the Texas Rules
`of Civil Procedure, before Michael D. O'Connor,
`Registered Professional Reporter, and Notary Public
`in and for the Commonwealth of Massachusetts, at DLA
`PIPER, LLP (US), 33 Arch Street, Boston,
`Massachusetts, on Tuesday, October 7, 2014,
`commencing at 9:06 a.m.
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`Mirco Motion, Inv. v. Invensys Systems, Inc.
`IPR2014-00393
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`PAGES: 186-324
`EXHIBITS: None
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`- - - - - - - - - - - - - - - - - - x
`MICRO MOTION, INC.,
`Petitioner,
`
` v.
`INVENSYS SYSTEMS, INC.,
`Patent Owner.
`- - - - - - - - - - - - - - - - - - x
`
`Case IPR 2014-00178
`
`VIDEOTAPED CONTINUED DEPOSITION OF JEFFREY
`VIPPERMAN, Ph.D., called as a witness by and on
`behalf of the Defendant, pursuant to the Texas Rules
`of Civil Procedure, before Michael D. O'Connor,
`Registered Professional Reporter, and Notary Public
`in and for the Commonwealth of Massachusetts, at DLA
`PIPER, LLP (US), 33 Arch Street, Boston,
`Massachusetts, on Tuesday, October 7, 2014,
`commencing at 9:06 a.m.
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`IPR2014-00393
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`
`APPEARANCES:
`
` DLA PIPER, LLP (US)
` By Jeffrey L. Johnson, Esq.
` 1000 Louisiana Street, Suite 2800
` Houston, Texas 77002
` (713)425-8445
` jeffrey.johnson@dlapiper.com
` For Invensys Systems, Inc.
`
` FOLEY & LARDNER, LLP
` By Jeffrey N. Costakos, Esq.
` 777 East Wisconsin Avenue
` Milwaukee, Wisconsin 53202
` (414)297-5782
` jcostakos@foley.com
` For Emerson Electric Company and MicroMotion,
` Inc.
`
` Also Present: Douglas C. Hamilton
`Anthony Piccirilli, Videographer
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` I N D E X
`Deposition of: Direct Cross Redirect Recross
`JEFFREY VIPPERMAN, Ph.D.
`By Mr. Costakos 189
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` P R O C E E D I N G S
`
` JEFFREY VIPPERMAN, Ph.D.
`
`having been previously satisfactorily identified by
`the production of his driver's license, and duly
`sworn by the Notary Public, was examined and
`testified as follows:
`
` VIDEOGRAPHER: Good morning. The time is
`9:06 a.m. This is the beginning of tape number one
`in the continued deposition of Jeffrey Vipperman.
`We are now on the record.
` CONTINUED DIRECT EXAMINATION
` BY MR. COSTAKOS:
` Q. Dr. Vipperman, since the time that we
`started questioning yesterday morning, have you
`talked with your lawyers about anything?
` A. Small talk.
` Q. Okay. Nothing of substance related to the
`deposition?
` A. Nothing related to this case, other than
`like start time.
` Q. Sure. Of course. Have you talked with
`anyone else about substance relating to the case
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`since we began questioning yesterday morning?
` A. Not really. I mean, I talked to my wife,
`you know --
` Q. I'm not interested in that. Anyone other
`than that?
` A. No.
` Q. I don't want to know what you said about me
`to your wife.
` Any other discussions with anyone other
`than that sort of thing?
` A. No, I have not.
` Q. So the Romano patent discloses digital
`signal processing, right?
` MR. JOHNSON: Objection, form.
` A. Well, it discloses a digital drive circuit,
`it discloses discrete 4A transform. So certainly
`elements of it. I don't recall finding that in any
`of my documents.
` Q. How would you define digital signal
`processing?
` A. I'm missing a couple pieces here. Could I
`have the board decision for the '136 and the '854?
` Q. Sure.
` A. While you're at it, could you please pull
`the '854 and the '136 patent. It looks like I don't
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`have '646 either.
` Q. I'm pretty sure I gave you '646.
` MR. JOHNSON: He did.
` THE WITNESS: Really?
` MR. JOHNSON: Yes. I have it. Here it is
`right here.
` A. I do have the '646 patent.
` Q. Here's the board decision on the '136.
`Here's the board decision on the '854. Here's the
`'854 patent itself. Here's the '136.
` The question I had asked was -- I asked you
`whether Romano discloses digital signal processing,
`and you said you didn't think you had defined that
`term, and my question is what's your definition of
`digital signal processing?
` Is digital signal processing a term that's
`well known in the art?
` MR. JOHNSON: Objection, form.
` Q. Dr. Vipperman, is digital signal processing
`a term that's well known in the art?
` MR. JOHNSON: Objection, form.
` A. I just need a minute to refresh this report
`that I wrote.
` Q. Will that give you the answer to that
`question, do you think?
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` MR. JOHNSON: Objection, form.
` A. So I do remember a statement on this.
` Q. The question that I have asked you right
`now, and I will withdraw the prior question, is
`digital signal processing a term that is known in
`the art?
` MR. JOHNSON: Objection, form.
` A. Someone who is skilled in the art of
`digital signal processing would know what digital
`signal processing is.
` Q. Okay. You've probably taught classes that
`involved digital signal processing, right?
` A. I have taught classes.
` Q. You've probably used textbooks that use the
`term digital signal processing?
` A. I can't say for sure, but I would say so.
` Q. So what would you as one of ordinary --
`what would one of ordinary skill in the art
`understand the term digital signal processing to
`mean?
` A. Well, it's processing -- digital signal
`processing is processing signals in the digital
`domain.
` Q. Okay. And does Romano disclose digital
`signal processing using that definition that you
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`just provided?
` MR. JOHNSON: Objection, form.
` A. It looks like I didn't really define
`digital -- I can't find where I've defined digital
`signal processing. I'm not saying I didn't do it.
`There's a lot of material here.
` So off the -- yes, I would say there are
`elements of digital signal processing in Romano.
` Q. In Romano, the Romano microprocessor would
`continue to make flow rate calculations no matter
`what the flow conditions are, right?
` MR. JOHNSON: Objection, form.
` A. So this sounds similar to what we left off
`with last night. As I said, I wasn't asked to form
`an opinion on that, and it, you know, requires
`careful analysis. So I'm not comfortable offering
`an opinion right here today.
` Q. So you don't whether Romano would continue
`to determine a value of the flow rate during a
`transition from empty to full?
` MR. JOHNSON: Objection, form.
` A. Well, I mean, you're asking me does Romano
`anticipate the Henry patent, and as I said, I wasn't
`asked to form an opinion.
` Q. So you don't have an opinion on the
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`question that I just asked you?
` A. I don't; that's correct.
` Q. In the '646 patent -- the '646 patent
`discloses a number of correction factors to account
`for the effects of aeration. You're familiar with
`that generally, right?
` A. I don't understand the question.
` Q. The '646 patent discloses a number of ways
`-- well, strike that.
` In the '646 patent, it discloses some ways
`of correcting the flow measurement to account for
`the effects of aeration, fair?
` A. Not that I recall.
` Q. Does the '646 patent determine the flow
`rate and then correct it to get the actual flow
`rate?
` MR. JOHNSON: Objection, form.
` A. I don't understand the question.
` Q. What don't you understand about that?
` A. You said does it compute the apparent flow
`rate and then correct that flow rate?
` Q. To get the actual flow rate. That was my
`question, yes.
` A. I mean, we discussed yesterday the '646 has
`a lot of sophisticated signal processing that allows
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`it to operate even in the midst of two-phase flow.
` Q. Was that the end of your answer?
` A. It was.
` Q. So does the '646 patent disclose
`determining the apparent flow rate and then
`correcting it to get the actual flow rate?
` MR. JOHNSON: Objection, form.
` A. I mean, is there a section in my report you
`can point me to?
` Q. I'm just asking you a question about the
`Romano patent.
` A. Not that I can say. I don't know.
` Q. Okay. If you look at Column 48 of the '646
`patent. Are you there?
` A. I am.
` Q. So if you look at Line 32, beginning at
`Line 32, Column 48, it says, "In one implementation,
`the controller uses three corrections to account for
`the effects of aeration: Bubble effect correction,
`damping effect correction and sensor imbalance
`correction."
` Do you see that?
` A. I do.
` Q. So does that refresh your recollection that
`the '646 patent discloses determining apparent flow
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`rate and then correcting it to get the actual flow
`rate?
` MR. JOHNSON: Objection, form.
` A. It refreshes my recollection that it makes
`these corrections.
` Q. And what's the purpose of making those
`corrections?
` A. To improve the flow rate calculation.
` Q. So when the '646 patent measures the actual
`flow rate, using your terminology --
` A. I did not say it measures. That was your
`terminology. I just said it makes corrections to
`greatly improve the flow rate.
` Q. I'm using the word "measure the actual flow
`rate" out of your report.
` A. Okay. I asked you if you could point me to
`a section in my report, and you didn't respond. I
`said I'm happy to comment on a section of my report.
` Q. Well, you said that the term "determine the
`flow rate" means measure the actual flow rate,
`right?
` A. Well, we had a discussion about does
`"determine" mean measure.
` Q. You said in Paragraph 21 of your report,
`"For the '646 patent 'determine (determining)...
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`the flow rate' means 'measure (measuring) the actual
`flow rate of liquid'. This is the plain and
`ordinary meaning."
` A. Okay.
` Q. So in the '646 patent, when it determines
`or measures the actual flow rate, it does so by
`determining the apparent flow rate, and then
`correcting it to get the actual flow rate, right?
` A. Well, those are some of many steps to
`measuring the flow rate, as I think you know, but
`applying these corrections are part of it.
` Q. So part of the process of measuring the
`actual flow rate in the '646 patent is determining
`the apparent flow rate, and then correcting to get
`the actual flow rate?
` A. Well, I mean, what I'm saying here is in
`the end you get the actual flow rate.
` Q. And part of the way you do that is by
`determining the actual flow rate, and then applying
`a correction factor, right?
` A. I didn't talk about apparent flow rate.
` Q. That's not my question. My question is, in
`the '646 patent, part of the way you determine the
`actual flow rate is to determine an apparent flow
`rate, and then apply correction factors?
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` MR. JOHNSON: Objection, form.
` A. I didn't discuss apparent flow rates at
`all.
` Q. Right, but you did say that "determine the
`flow rate" means measure the actual flow rate. So
`I'm asking you questions about how the '646 patent
`determines or measures the actual flow rate.
` So in the '646 patent, the way it measures
`the actual flow rate is to determine an apparent
`flow rate, and then to apply correction factors, at
`least as part of the process, right?
` A. So the '646, you know, we have a Coriolis
`mass flowmeter, vibrating tubes, pick-off sensors,
`we do signal processing, and we apply corrections as
`part of that, and that's how we get the actual flow
`rate.
` Q. Now, if you turn to Column 53 -- excuse me,
`that's not the right place. If you turn to Column
`56 of the '646 patent, do you see in the preceding
`column, Column 55, there is a Section N that's
`entitled "Batching From Empty"?
` Do you see that?
` A. I do.
` Q. Over in Column 56 it discusses testing
`that's shown in Figures 47A through 47C.
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` Do you see that?
` A. Okay, yes.
` Q. And then it says, beginning at Line 43, "Of
`course there are still erroneous data in this
`interval. For example, flow generating a phase
`difference in excess of about five degrees is
`physically not possible. However, from the
`perspective of a self-validating" meter, "such as is
`discussed above, this phase measurement still
`constitutes raw data that may be corrected. In some
`implementations, a higher level validation process
`may identify the data from .4 to 1 seconds as
`unrepresentative of the true process value (based on
`the gain, amplitude and other parameters) and may
`generate a dazzled mass flow to suppress extreme
`measured values."
` Do you see that?
` A. I see where it says that.
` Q. So even in the '646 process, there will
`still be erroneous data during the transition from
`substantially empty to substantially full; that's
`what this passage recognizes, right?
` A. I recall discussing this yesterday, that no
`measurement system is perfectly accurate. So, yes,
`there's some error.
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` In the preceding paragraph, it also talks
`about how analog control systems stall and are
`unable to provide measurement data until drive gain
`returns to near normal.
` Q. So this passage, though, recognizes that
`during the transition from substantially empty to
`substantially full, there will be erroneous,
`physically impossible data, that is detected by the
`'646 flowmeter, right?
` MR. JOHNSON: Objection, form.
` A. Well, it says "Flow generating a phase
`difference in excess of about five degrees is
`physically not possible. However, from the
`perspective of a self-validating sensor, such as
`discussed above, the phase measurement still
`constitutes raw data that may be corrected."
` So it sounds to me he's talking about the
`physically not possible data before it's corrected.
` Q. Right. So it's detecting data that is
`physically not possible, right?
` MR. JOHNSON: Objection, form.
` A. So this stage of the output process, which
`constitutes raw data that may be corrected, has
`error that's physically not possible.
` Q. Right. So the data that is detected by the
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`flowmeter is erroneous data that's physically not
`possible, correct?
` MR. JOHNSON: Objection, form.
` A. So at the stage that Figure 47 represent,
`which represent raw data which may be corrected,
`they contain error that's physically not possible.
` Q. And it also discloses there that the
`process may identify the data as unrepresentative
`and generate a dazzled mass flow to suppress extreme
`measurement values, right?
` A. I see where it says that.
` Q. So if it determined the data is
`unrepresentative, it may output the message dazzled
`as opposed to the mass flow rate during that
`interval, correct?
` A. I see where it says that in Column 56,
`namely at Line 53, but I didn't form any opinions
`regarding the self-validating meter.
` Q. Let's talk about the slug flow inhibit
`board, which I think is in front of you.
` The slug flow inhibit board was
`specifically designed for use in applications that
`are susceptible to slug flows or during unloading or
`loading, right?
` A. Correct.
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` Q. And the slug flow inhibit board was meant
`to replace the signal board that was used in the
`Model D product, right?
` MR. JOHNSON: Objection, form.
` Q. If you look at Page 2 of the document --
` A. Sure.
` Q. -- the first paragraph it said, "This
`board is designed to replace the Remote Electronics
`Unit standard signal board."
` Do you see that?
` A. I do.
` Q. So the slug flow inhibit board was meant to
`replace the signal board in the Model D product,
`right?
` MR. JOHNSON: Objection, form.
` A. So the slug flow inhibit board is a circuit
`board that replaces the Model D signal board.
` Q. That's what I just said, right?
` A. Yes.
` Q. Okay. What the slug flow inhibit board
`does is to detect when there's a slug flow type
`condition, and then to inhibit the output of flow
`pulses, right?
` A. Correct. So it can't determine flow rate
`during that period.
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` Q. Well, it inhibits the output of flow
`pulses, correct?
` A. The slug flow inhibits the output of flow
`pulses and can't determine flow rate. But it does
`say that in the slug flow manual that the board
`inhibits output of flow pulses.
` Q. Right. So in paragraph -- the first
`paragraph under "Principle of Operation," it says
`that "The slug flow inhibit board monitors the
`density of the fluid," and that, "If the density
`falls outside of normal operating range, the board
`will inhibit the output of flow pulses," correct?
` A. I see where it says that.
` Q. And you agree that's what it does, right?
` MR. JOHNSON: Objection, form.
` A. I agree that it inhibits flow pulses and
`can't determine flow rate.
` Q. Well, it doesn't say can't determine flow
`rate, does it; that's just your conclusion?
` A. I see that it doesn't say that in the slug
`flow manual.
` Q. That's right. In the slug flow inhibit
`board once, as you see on page, I guess, three of
`the document -- the page confusingly has Page 2 on
`the lower right-hand corner but a 3 in the middle.
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` A. Okay.
` Q. Under numeral five in the middle of the
`page it says that once the flowmeter begins counting
`in a normal manner, the downstream valve will be
`opened.
` Do you see that?
` MR. JOHNSON: Objection, form.
` Q. I should say it the other way. What it
`says is, once the flowmeter begins counting in a
`normal manner, the operator should open the
`downstream valve, correct?
` MR. JOHNSON: Objection, form.
` A. Right. So this section of the slug flow
`manual is really getting at the fact that the Model
`D can't handle two-phase flow, in particular,
`batching applications like this. So it gives
`suggestions for how to mount the flowmeters.
` And then the next sections are basically on
`how to -- how to fill up the flowmeter so it starts
`in a full condition to try to minimize the effects
`of the transition from empty to full. So it just
`starts full.
` Q. The notion here is that the Model D
`produced erroneous measurements during batching,
`right?
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` MR. JOHNSON: Objection, form.
` A. Well, I mean again, I didn't form an
`opinion on whether the Model D alone anticipates --
` Q. That wasn't the question I asked you.
` A. It is, essentially, the question you asked
`me.
` Q. You said just a few seconds ago that the
`Model D couldn't handle batching. So my question to
`you is, the problem is, the Model D was producing
`erroneous measurements during batching, right?
` MR. JOHNSON: Objection, form.
` Q. Are you able to answer that question or
`not?
` A. Well, it says in some -- from the slug flow
`supplement in Section 2, the second paragraph --
`scratch that.
` Q. Actually, the part you pointed to is a
`pretty good indication, isn't it?
` So it says there, "In some instances, when
`the flowmeter is filled with fluid from an initially
`empty state, the vibrating U-tubes may become
`unbalanced causing the flow rate indication to jump
`excessively high," right?
` A. I see where it says that.
` Q. Okay. And then it says, "If the signal
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`voltage exceeds 3.5 volts, the board will inhibit
`the output of flow pulses," right?
` A. I see where it says that.
` Q. Okay. So the problem that the slug flow
`inhibit board was attempting to correct was that in
`the Model D, in some instances, when the flowmeter
`is filled with fluid from an initial state, the
`vibrating U-tubes may become unbalanced, causing the
`flow rate indication to jump excessively high,
`right?
` A. I see where it says that in the manual.
` Q. And that's -- you understand that that's
`what the slug flow inhibit board was attempting to
`deal with, right?
` A. Yes.
` Q. So the slug flow inhibit board will,
`instead of outputting the erroneous data or making
`the erroneous calculation, will inhibit the output
`of flow pulses, right?
` A. When the voltage goes -- right. Right, so
`"If the signal out voltage exceeds 3.5 volts, the
`board will inhibit the outflow of flow pulses."
` So then basically no flow rate is being
`determined.
` Q. Well, at least no flow pulses are being
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`outputted, right?
` A. "Inhibiting output of flow pulses means no
`flow rate is determined."
` Q. That is what you say in your report. But
`you just conceded a few moments ago that it doesn't
`say -- strike that.
` What it says in the slug flow inhibit board
`supplement is that it inhibits the output of flow
`pulses, right? That's what it says, correct?
` A. Well, if you look --
` Q. I'm just asking about the slug flow
`supplement.
` A. The slug flow supplement says "If the
`voltage exceeds 3.5 volts, the board will inhibit
`the output of flow pulses." That's what I'm -- I'm
`reading that as a quote. Then if there are no flow
`pulses, no flow rate is determined.
` Q. It doesn't say that last part; that's your
`conclusion?
` A. The last sentence is mine, correct.
` Q. And if the signal out voltage exceeds 3.5
`volts, that indicates that the flow tube oscillation
`is damped?
` MR. JOHNSON: Objection, form.
` Q. Let me ask it this way. What would cause
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`the signal out voltage to exceed 3.5 volts, do you
`know?
` A. I can read you what the slug flow inhibit
`manual says.
` Q. Does it say something about what causes the
`voltage to go up?
` A. Well, we read that section earlier.
` Q. The previous sentence or two sentences
`above that says, "In some instances," et cetera, et
`cetera?
` MR. JOHNSON: Objection, form.
` A. So can you please repeat the question?
` Q. I'll withdraw the question.
` Let's turn to Page 3 of the slug flow board
`supplement. So do you see there's a Section 3.2.1
`at the bottom of the page --
` A. I do.
` Q. -- that refers to calculating a
`loading/unloading correction factor?
` A. I see that.
` Q. So what this is meant to do is in batching
`applications to apply a correction factor to get
`something that's closer to the actual amount that's
`batched, correct?
` A. Okay, yeah, we have to look a little above,
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`I think. The last paragraph in the previous
`section, it says "the slug flow inhibit board will
`prevent a portion of the fluid flow from being
`counted during loading/unloading," meaning that we
`don't have a flow rate.
` "The amount of fluid not counted will
`depend upon the piping arrangement, the meter
`location, the fluid properties, the flow rate and
`the purging method. However, if the start-up and
`purge operation are always performed in the same
`manner, the amount of fluid not measured by the
`flowmeter can be characterized."
` Q. And then it sets forth a means for
`correcting to account for whatever fluid is not
`counted during the transition from empty to full,
`right?
` A. Well, I think it refers back to the
`five-step process that we were discussing previously
`from Section 3.1, where you can't start these meters
`empty.
` So you have to prefill them, because they
`can't handle the transition from empty to full. So
`you prefill them, and this is a way of figuring out
`the error due to that prefilling.
` Q. That's your testimony?
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` MR. JOHNSON: Objection, form.
` MR. COSTAKOS: I will withdraw the
`question.
` Q. So is this correction factor meant to
`correct for the time during the filling of the
`meter; in other words, during the transition from
`empty to full?
` A. Well, you know, I wasn't asked to form an
`opinion on this specific part, but it seems to be a
`correction for the fact that it can't handle the
`transition from empty to full. So you have to start
`at full as described above, so that you have
`single-phase flow.
` Q. So it says in the paragraph right above
`Figure 2, that "the slug flow inhibit board will
`prevent a portion of the fluid flow from being
`counted during unloading/loading," right?
` A. I see where it says that.
` Q. So a portion of the fluid flow -- strike
`that.
` So that means that some portion of the
`fluid flow will be counted during loading and
`unloading, right?
` MR. JOHNSON: Objection, form.
` A. So for the time when the slug flow inhibit
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`board is not operating, it's counting fluid flow,
`and there's a flow rate calculation.
` For the time where the slug flow inhibit
`board is operating, then it's inhibiting pulses that
`were not counting fluid flow, because there's no
`flow rate. That's what this sentence says to me.
` Q. So in the procedure that's right above that
`paragraph, that five-step procedure, is a way of
`minimizing the amount of fluid that's missed during
`start-up, right?
` A. So since we can't transition from empty to
`full, we have to fill it up, and this is
`compensating for that amount of fluid that it took
`to fill up the flowmeter.
` Q. Well, but the flowmeter is going to be
`measuring while you're filling up the meter, right?
` MR. JOHNSON: Objection, form.
` A. It looks like probably not, because it
`says, "Just as with slug flow, the slug flow inhibit
`board will prevent a portion of the fluid flow from
`being counted during loading/unloading."
` Q. Right, a portion. So a portion of the
`fluid flow will be counted during loading and
`unloading, right?
` A. So when slug flow is not operating, then
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`the flowmeter does produce a flow rate, and the
`fluid flow is counted when slug flow is active
`during flow pulses. So it's not counted when
`there's no flow rate.
` Q. So if you look at the entire transition
`that's contemplated here, at the beginning the
`flowmeter is going to be empty, right?
` A. I see where it says that in the slug flow
`manual.
` Q. Okay. And so when the flowmeter is empty,
`the flowmeter will be able to measure flow rate,
`right? It will be vibrating normally, because it's
`single phase?
` A. It's single-phase gas, so it should be able
`to measure that.
` Q. At some point a fluid will start flowing
`through the conduit in the flowmeter, right?
` A. Ostensibly. We have that described below
`what we were talking about.
` Q. Right. The whole point of a flowmeter is
`for fluid to flow through it, right? I'm really
`trying to, I think, ask an easy question.
` In batching, it's empty, and at some point
`fluid starts to flow through, right?
` A. Yes.
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` Q. Okay. And at some point during that
`process, the slug flow inhibit board will determine
`that the fluid density falls out of normal operating
`range or that the signal out voltage exceeds that
`preset limit, right?
` MR. JOHNSON: Objection, form.
` A. Well, there will be a transition from empty
`to full. The one described in the five-step process
`is a prefilling application to start the meter full.
` Q. That wasn't the question I asked you,
`though.
` In the slug -- with the slug flow inhibit
`board, what will happen is that at some point during
`the transition from empty to full, the slug flow
`inhibit board will kick in; is that fair?
` A. If you try to do a batching application
`with the Model D, which isn't described in the
`manual, because it's known that it can't handle
`two-phase flow, if you have the slug flow inhibit
`board, when that voltage exceeds 3.5 volts, it
`inhibits the flow pulses, so there's no flow rate
`calculated.
` Q. And that will happen at some point during
`the transition from substantially empty to
`substantially full, right?
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` A. So, presumably.
` Q. It won't happen instantaneously?
` A. It doesn't say.
` Q. And in fact, this five-step process is a
`way of attempting to minimize the amount of fluid
`that's missed on start-up?
` A. Well, the five-step process is about -- in
`Step 4, "Slowly open the upstream valve to force the
`air out and slowly fill the flowmeter. This slow
`opening minimizes the shock to the meter and reduces
`the recovery time."
` So it's indication that the meter is not
`going to handle the transition from empty to full.
`So ostensibly the slug flow would kick in, inhibit
`the flow pulses and there would be no flow rate.
` Q. This five-step process is a way of trying
`to reduce the amount of time in which the slug flow
`inhibit board will be operating; isn't that right?
` A. It just says a start-up technique that has
`worked well for loading and unloading applications
`as described below.
` Q. It does say it has techniques here, like on
`No. 3, it has a technique of opening "the downstream
`valve to allow one quarter or less of the normal
`fluid flow. This will minimize the amount of fluid
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`missed on start-up," right?
` A. I see where it says that.
` Q. Okay. So that is meant to reduce the
`amount of time during which the slug flow inhibit
`board will be inhibiting the output of flow pulses?
` A. Well, it will -- it says it minimizes the
`amount of liquid missed on start-up. It doesn't say
`anything about time.
` Q. Okay. It's meant to re
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