`
`(12) Ulllted States Patent
`Farrell
`
`(10) Patent N0.:
`(45) Date of Patent:
`
`US 7,520,658 B2
`Apr. 21, 2009
`
`(54) RINSEABLE SPLASH SHIELD AND METHOD
`
`1,560,826 A 11/1925 Kirschbraun ........... .. 366/1681
`
`OF USE
`
`(75) Inventor: James J. Farrell, Orinda, CA (U S)
`
`1,847,226 A
`
`3/1932 RingWald . . . . . .
`
`. . . . . .. 366/207
`
`1,911,202 A
`
`5/1933 Nielsen .................... .. 366/207
`
`(73) Assignee: f’REAL! Foods, LLC, Orinda, CA (US)
`
`(Continued)
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`DE
`
`FOREIGN PATENT DOCUMENTS
`2 158 002
`5/1973
`
`(22) Filed:
`
`NOV. 22, 2005
`
`(65)
`
`Prior Publication Data
`
`US 2006/0077756 A1
`
`Apr. 13, 2006
`
`Related US. Application Data
`_
`_
`_
`_
`_
`(62) D1v1s1on of appl1cat1on No. 10/715,171, ?led on Nov.
`17, 2003-
`(60) Provisional application No. 60/426,622, ?led on Nov.
`15’ 2002'
`
`(51) Int‘ Cl‘
`(200601)
`B011? 13/ 00
`(200601)
`B 01F 15/00
`(52) US. Cl. ..................... .. 366/197; 366/203; 366/207;
`366647
`
`Of Classi?cation Search ............... ..
`_
`_
`366/207, 19_9, 197, 347
`See appl1cat1on ?le for Complete Search 11151013’ -
`References Cited
`
`(56)
`
`US. PATENT DOCUMENTS
`
`496,674 A
`934,537 A
`1,090,148 A
`1,313,830 A
`1,496,611 A
`
`5/1893 Urbach
`9/1909 Johnson
`3/1914 Harr ......................... .. 366/207
`8/1919 Minsk
`6/ 1924 Siegel ...................... .. 366/207
`
`Product literature for Hamilton Beach Models 936 P and 908, entitled
`“Hamilton Beach Over 80 Years of Quality, Dependability & Ser
`vice,” Apr. 1992, 4 pages in length.
`
`(Continued)
`
`Primary ExamineriTony G $001100
`(74) Attorney, Agent, or FirmiStallman & Pollock
`
`(57)
`
`ABSTRACT
`
`The present application describes a method for rinsing a
`splash shield. A vessel containing contents to be mixed is
`positioned in a mixing machine, and a splash shield is posi
`tioned over the opening of the vessel. After the material
`Within the vessel is mixed by a mixing element, the splash
`Shield is Separated from the Vessel and rinsed by a nozzle on
`the mixing machine. In another embodiment, a vessel con
`taining Contents to be mixed is positioned in a holder on a
`mixing machine, and a splash shield (Which may or may not
`be rinseable) is positioned over the opening of the vessel. The
`contents of the vessel are mixed using a mixing element.
`During and/or after mixing, opposed relative movement of
`the mixing element and vessel may occur, creating an upWard
`lifting force on the vessel. The Weight of the shield is su?i
`.
`.
`.
`.
`c1ent to overcome this upWard 11ft1ng force on the vessel and
`th b
`th
`1t
`.
`t d. th h 1d
`ere y Causes 6 Vesse O remam Sea 6 m e 0 er‘
`
`11 Claims, 3 Drawing Sheets
`
`Hamilton Beach, Exh. 1012, p. 001
`
`
`
`US 7,520,658 B2
`Page2
`
`U.S. PATENT DOCUMENTS
`
`6/1933 Parker ---------------------- -~ 366/207
`1,913,210 A
`5/1935 Gilbert eta1~ -~
`-~ 366/207
`2,003,259 A
`8/1935 Strauss ----- --
`366/199
`2,012,486 A
`2,026,240 A 12/1935 Luxmore
`259/99
`2,031,770 A
`2/1936 Gilbert eta1~ -~
`366/199
`2,072,691 A
`3/1937 Stark ........ ..
`99/60
`2,115,809 A
`5/1938 Goldman -
`259/99
`2,134,759 A 11/1938 Howlert
`220/231
`2,667,423 A
`1/1954 5191118011 --
`99/171
`2,668,765 A
`2/1954 Simpson
`-~ 99/55
`2,701,131 A
`2/1955 Love ----- --
`259/126
`2,863,776 A 12/1958 Lisher ------ --
`99/136
`2,898,094 A
`8/1959 O’Neilhlr -
`259/116
`2,941,885 A
`6/1960 Tomlinson -~
`99/54
`2,967,433 A
`l/196l Phllllps ---- -~
`- 74/16
`RE25,490 E * 11/1963 Stubler ..... ..
`366/207
`3,154,123 A 10/1964 Tomlinson
`146/68
`3,171,635 A
`3/1965 Haentjens et a1. .
`. 259/4
`3,295,997 A
`1/1967 Tomlinson et a1.
`.99/275
`3,365,304 A
`1/1968 Guterman et a1.
`426/565
`3,503,757 A
`3/1970 Rubenstein
`99/136
`3,514,080 A
`5/1970 Price eta1~
`259/19
`3,647,472 A
`3/1972 Speech eta1~ --
`99/34
`3,665,722 A
`5/1972 (36111611116
`.. 62/68
`3,738,619 A
`6/1973 $111166
`259/108
`3,865,353 A
`2/1975 P1661161 ..... ..
`259/118
`3,889,002 A
`6/1975 (ilausi er 91
`426/576
`3,922,361 A 11/1975 V61111 ........... ..
`426/599
`3,939,001 A
`2/1976 Clausiet a1. .............. .. 106/136
`
`4/1976 B611g611 .................... .. 426/324
`3,949,098 A
`6/1978 H61v6y, Jr. 6161
`.. 141/90
`4,096,893 A
`4,169,681 A 10/1979 K616 ........................ .. 366/244
`4,358,298 A 11/1982 R61611ff ..................... .. 55/185
`4,434,186 A
`2/1984 1366166161. ..
`426/565
`4,544,277 A 10/1985 s6111161111161111 .............. .. 366/78
`4,547,076 A 10/1985 Maufef ..................... .. 366/244
`4,637,221 A
`V1987 Levine _
`u 62/342
`4,708,487 A 11/1987 M61611611 ................... .. 366/206
`4,708,489 A 11/1987 C3I1SOI1 .................... .. 366/149
`4,822,175 A *
`4/1989 B611161116161.
`366/347
`4,828,866 A
`5/1989 Wade 6161. ............... .. 426/599
`4,842,884 A
`6/1989 B661<w611616161 ....... .. 426/585
`5,114,045 A
`5/1992 H61p6 ......... ..
`.222/105
`5,145,250 A
`9/1992 P161161<6161 ................ .. 366/8
`5,150,967 A
`9/1992 N61166116161. ............ .. 366/206
`5,328,263 A
`7/1994 N6116611
`.366/254
`5,439,289 A
`8/1995 Neilson
`366/207
`5,580,007 A 12/1996 c6v16Z61616
`241/199.12
`5,599,103 A
`2/1997 Linscott
`366/343
`5,803,377 A
`9/199g Farrell __
`241/36
`5,962,060 A 10/1999 Farrell __
`426/565
`6,326,047 B1
`12/2001 P611611
`426/524
`6,453,803 B1
`9/2002 s6116y61116 6161
`.. 99/348
`6,474,862 B2 11/2002 P611611 ...................... .. 366/147
`
`OTHER PUBLICATIONS
`A1b1161<16, “166 (:166111,” 3rd E11111611,(1977), pp. 54-55, 323-331.
`
`* cited by examiner
`
`Hamilton Beach, Exh. 1012, p. 002
`
`
`
`US. Patent
`
`Apr. 21, 2009
`
`Sheet 1 of3
`
`US 7,520,658 B2
`
`40
`
`FIG. 1
`
`Hamilton Beach, Exh. 1012, p. 003
`
`
`
`US. Patent
`
`Apr. 21, 2009
`
`Sheet 2 of3
`
`US 7,520,658 B2
`
`Hamilton Beach, Exh. 1012, p. 004
`
`
`
`US. Patent
`
`Apr. 21, 2009
`
`Sheet 3 0f 3
`
`US 7,520,658 B2
`
`12
`
`22
`
`4
`3 \\
`
`36
`[I
`
`'\20
`
`'\ 20
`
`FIG. 5
`
`12
`
`100
`
`FIG. 6
`
`FIG. 7
`
`Hamilton Beach, Exh. 1012, p. 005
`
`
`
`US 7,520,658 B2
`
`1
`RINSEABLE SPLASH SHIELD AND METHOD
`OF USE
`
`PRIORITY
`
`This application is a Divisional of US. patent application
`Ser. No. 10/715,171, ?led Nov. 17, 2003, and claims the
`bene?t of US. Provisional Application No. 60/426,622, ?led
`Nov. 15, 2002.
`
`FIELD OF THE INVENTION
`
`The present invention relates generally to the ?eld of
`machines for mixing liquids, and speci?cally to devices for
`preventing splashing of liquids during mixing.
`BACKGROUND OF THE INVENTION
`
`2
`SUMMARY OF THE INVENTION
`
`The present application describes a method for rinsing a
`splash shield. According to the disclosed method, a vessel
`containing contents to be mixed is positioned in a mixing
`machine, and a splash shield is positioned over the opening of
`the vessel. After the material Within the vessel is mixed by a
`mixing element, the splash shield is separated from the vessel
`and rinsed by a noZZle on the mixing machine.
`In another embodiment, a vessel containing contents to be
`mixed is positioned in a holder on a mixing machine, and a
`splash shield (Which may or may not be rinseable) is posi
`tioned over the opening of the vessel. The contents of the
`vessel are mixed using a mixing element. During and/or after
`mixing, opposed relative movement of the mixing element
`and vessel may occur, creating an upWard lifting force on the
`vessel. The Weight of the shield is su?icient to overcome this
`upWard lifting force on the vessel and thereby causes the
`vessel to remain seated in the holder
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is a top perspective vieW of a drink machine having
`a rinseable splash shield.
`FIG. 2 is a bottom perspective vieW shoWing a splash
`shield, shaft and mixing blade of FIG. 1, With the splash
`shield displaced from the mixing blade. For clarity, the por
`tion of the shaft passing through the splash shield is not
`shoWn.
`FIG. 3 is top perspective vieW of the components shoWn in
`FIG. 2.
`FIGS. 4 through 7 are a sequence of front elevation vieWs
`of the drink machine of FIG. 1 illustrating use of the rinseable
`splash shield.
`
`DETAILED DESCRIPTION OF THE DRAWINGS
`
`Referring to FIG. 1, the splash shield disclosed in this
`application is preferably provided as a component of a mix
`ing/blending machine 100 that uses a rotating blade to mix/
`blend the contents Within a cup or other vessel. Machine 100
`may be a machine such as the f REAL! Self-Serve Milkshake
`Blender available from F REAL! Foods LLC, 37 Avenida de
`Orinda, Orinda, Calif., Which is particularly useful for mix
`ing/blending drinks such as froZen milkshakes, coffee drinks,
`or smoothies. HoWever, it should be appreciated that the
`rinseable shield may be suitable for use on other types of
`machines for mixing and/ or blending various materials,
`including poWders, slurries and other types of liquids.
`Machine 100 includes a mixing blade 10 carried on an
`elongate shaft 12. Mixing blade 10 is rotatable by means of a
`motor (not shoWn) and is designed to bore through the froZen
`substance in a cup 14. As described in greater detail in Appli
`cants US. Pat. Nos. 6,474,862, 6,326,047 and 5,803,377, cup
`14 is preferably a serving cup Within Which milkshake or
`other froZen drink ingredients have been pre-froZen into a
`block. A cup holder 16 supports the cup and is preferably
`moveable as indicated by arroW Al in FIG. 1, to cause the
`mixing blade to blend the froZen drink in the cup. Although
`movement of the holder 16 can be achieved in various Ways,
`in the FIG. 1 embodiment the cup holder 16 is mounted to a
`carriage 18 that is moveable along a vertical rail 20 by means
`of a motor and lead screW assembly (not shoWn) disposed
`Within the machine 100. Mixing blade 10 is rotatable by
`means of a motor (not shoWn) and is designed to bore through
`the froZen substance in the cup. As described in Applicant’s
`prior patents, Water, milk or another liquid is added to the cup
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`Preparation of certain foods and beverages can involve
`blending, Whipping, stirring, etc. the food or beverage. This
`may be done using a rotary blade or mixer Which is loWered
`into a container holding the food or beverage, or Which is held
`in place as the container is advanced toWards the rotary blade/
`mixer to move the container’s contents into contact With the
`blade/mixer.
`In Applicant’s US. Pat. Nos. 6,474,862, 6,326,047 and
`5,803,377 entitled APPARATUS AND METHOD FOR
`MAKING FROZEN DRINKS, the disclosures of Which are
`incorporated herein by reference, methods for making frozen
`drinks are described. These patents describe a machine that
`alloWs a milkshake or other froZen drink to be quickly made
`from a block of ingredients pre-froZen into a serving cup. The
`frozen contents Within the serving cup are broken into small
`froZen particles using a rotating blade, and blended With an
`added liquid also using the rotating blade.
`According to the patents, When a milkshake or other froZen
`drink is to be made, a serving cup containing the froZen block
`is positioned in a cup holder Which forms a part of the froZen
`drink machine. A rotating blade is loWered into the cup and
`bores through the froZen substance in the cup, grinding it into
`small froZen particles. As the blade moves toWards the bottom
`interior of the cup, milk, Water, or another liquid is added to
`the cup and is blended into the froZen substance by the rotat
`ing blade. Alternatively, the rotating blade may be held at a
`?xed elevation, and the cup may be advanced toWards the
`blade to move the cup’s contents into contact With the blade.
`In either case, the cup and/or blade may be reciprocated to
`alloW the full contents of the cup to be mixed.
`During mixing, material can splash from the cup onto the
`drink machine and surrounding area. US. Pat. Nos. 5,328,
`263 and 5,439,289 (Neilson) each describe a separate, dedi
`cated lid placement mechanism that positions a lid onto a cup
`so as to minimiZe such splashing When the contents of the cup
`are being mixed. US. Pat. No. 5,145,250 (Planck) describes
`a mixing device Wherein the lid and mixing device move
`axially together until the lid makes contact With the recep
`tacle, at Which time springs keep the lid in contact With the
`receptacle as the mixing head travels further into the recep
`tacle. In each case, there is potential for carryover of mixed
`ingredients from one batch to the next. In Planck, a disposable
`cover over the pressure plate of the lid is described. In Neilson
`US. Pat. No. 5,439,289 a provision for a releasable lid con
`nector means is claimed to enable cleaning of the lid remotely
`from the mixing device. It is further desirable, hoWever, to
`provide a drink mixer having a splash shield that may not only
`be located on the cup to avoid splashing during mixing, but
`that may also be automatically rinsed in place folloWing
`mixing.
`
`50
`
`55
`
`60
`
`65
`
`Hamilton Beach, Exh. 1012, p. 006
`
`
`
`US 7,520,658 B2
`
`3
`for blending With the frozen substance, Which is broken up
`into small frozen particles by the boring blade 10. The added
`liquid may be directed into the cup from above, such as
`through a ?uid outlet oriented adjacent to the shaft.
`As discussed, during mixing, the cup 14 is preferably
`reciprocated by cup holder 16 as indicated by arroW Al in FIG.
`1, to cause the rotating blade 10 to pass through the contents
`of the cup one or more times Obviously, the blade 10 may
`include a second motor for moving the shaft 12 longitudi
`nally, in Which case the need for the motor associated With cup
`holder 16 Would be eliminated.
`Referring to FIGS. 2 and 3, splash shield 22 is preferably
`comprised of a lid proportioned to seat along the upper edge
`of cup 14. The shield includes an upper opening 24 and a
`larger loWer opening 26. Shaft 12 extends through the open
`ings 24, 26 such that the mixing blade 10 is positioned
`beneath the shield 22.
`Shield 22 may have a dome-shaped con?guration as
`shoWn, although other con?gurations Would be equally suit
`able. As shoWn in FIG. 3, a Wall 28 tapers inWardly from the
`uppermost surface of the shield 22 doWn to the upper opening
`24. Spaced apart ribs 30 are positioned along the Wall 28 and
`function to contact a tapered portion 32 of the machine’s
`mixing shaft (as shoWn in FIG. 1) When the shield 22 is
`loWered relative to the shaft. When the shield is raised relative
`to the shaft, the shield 22 and tapered portion 32 separate as in
`FIG. 2.
`Referring again to FIG. 1, one or more nozzles 34 (only one
`is shoWn) are provided for directing rinsing ?uid into the
`interior of shield 22. Nozzles 34 are coupled to one or more
`sources of rinse ?uid, such as Water (preferably hot or Warm
`Water) and/ or sanitizing solution such as a quaternary ammo
`nium sanitizer solution.
`Machine 100 includes a pair of automatic hinged doors 36
`along the path of travel of holder 16. A ?uid trough 38 for
`receiving rinse Water shed from the shield surrounds the
`hinged doors. A drain line (not shoWn) is ?uidly coupled to
`the trough, and the trough includes gradients arranged to
`direct Water toWards the drain line. The trough 38, rinse
`nozzle 34, shaft 12, shield 22 and mixing element are prefer
`ably positioned Within an enclosure 40 having an access door
`42 (as shoWn in FIG. 1).
`A controller (not shoWn) Within the machine controls
`operation of the motors for the cup holder, blade and hinged
`doors, as Well as the liquid dispense and rinsing functions.
`Operation
`FIGS. 4-7 are a sequence of draWings that illustrate opera
`tion of the rinseable splash shield. First, a cup 14 containing
`frozen ingredients is positioned in cup holder 16 as shoWn in
`FIG. 4 and the user depresses a “start” button (not shoWn) on
`the exterior of the machine 100. Next (FIG. 5), hinged doors
`36 are opened and holder 16 is moved upWardly along rail 20,
`thereby moving the upper edge of cup 14 into contact With the
`shield 22. Continued upWard movement of the holder 16
`causes the shield 22 to be raised upWardly on the shaft, and the
`tapered section 32 of the shaft 12 to separate from ribs 30 of
`the shield 22, as the cup 14 moves up around the blade 10, as
`shoWn in FIG. 6. Rotation of the blade is activated (or may be
`activated at an earlier stage), and Water, milk or other ?uid
`may be directed into the cup as described in Applicant’s
`earlier patents, causing the frozen beverage to be made. Dur
`ing mixing/blending the holder 16 (or the blade) may be
`reciprocated to alloW the blade to pass through the full con
`tents of the cup more than one time.
`It should be noted that the shield 22 may be Weighted to
`ensure a good seal With the cup. This eliminates the need for
`springs, as disclosed in Plank US. Pat. No. 5,145,250, or
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`4
`some other mechanism such as those described in Neilson
`US. Pat. Nos. 5,328,263 and 5,439,289, to hold the shield in
`position during mixing. Weighting the shield is of further
`advantage if it is heavy enough to create suf?cient doWnWard
`force on the cup to overcome any upWard force created by the
`mixing blade being moved upWardly in the cup. The mixing
`blade can create such upWard force as the mixing blade moves
`upWardly in the cup, imparting an upWard force on the cup as
`a result of suction force or the viscous nature of the product
`being mixed in the cup. This can occur When the cup is
`loWered by the holder during mixing (i.e. When the cup is
`reciprocated to cause the mixing blade to pass through the
`cup’s contents several times) and/ or When the cup is loWered
`aWay from the blade after blending/mixing. Making the
`Weight of the shield su?icient to overcome this upWard lifting
`force on the cup causes the cup to remain seated in the cup
`holder Without any other mechanical means of retaining it in
`the cup holder, such as clamping or gripping mechanisms or
`the springs or lid placement and retention mechanisms pre
`viously described. In one embodiment, the shield may be a
`cast stainless steel lid having a Weight of approximately 5 lbs.
`It should be noted that a Weighted splash shield may be
`provided even if the rinsing feature is not present.
`Once the beverage is made, the cup holder 16 is loWered
`and thereby moves the cup 14 doWnWardly aWay from the
`blade. The descending cup carries the shield 22 doWnWardly
`until the ribs 30 of the shield engage tapered portion 32 of the
`shaft 12. At this point, the cup 14 separates from the shield 22
`and is moved by the holder 16 to the position shoWn in FIG.
`4. The cup may then be removed from the drink machine 100.
`Next, the hinged doors 36 are closed and rinse ?uid is
`directed onto the shield 22 using nozzle 34 as shoWn in FIG.
`7. If desired, the shaft 12 may be rotated during and after
`rinsing. Given the Weight of the splash shield and the contact
`betWeen ribs 30 and tapered section 32 on the shaft, rotating
`the shaft 12 rotates the splash shield as Well, thus alloWing the
`rinse Water to be spun off of the shield. Rotation may be of
`particular advantage if a single nozzle 34 is used for rinsing,
`since it alloWs the full interior of the shield 22 to be exposed
`to the ?uid spray from the nozzle. The shield, blade and
`closed doors 36 shed the rinse ?uid into trough 38, Which then
`directs the Water out of the machine via the drain line.
`
`I claim:
`1. A mixing machine for mixing a liquid contained in a
`vessel having an opening, the mixing machine comprising:
`a holder coupled to the mixing machine, the holder propor
`tioned to receive a vessel;
`a rotatable mixing element extendable through the opening
`into the vessel positioned in the holder, for mixing the
`contents of the vessel;
`a motor operatively coupled to at least one of the holder and
`the mixing element to effect axial translation of the
`mixing element betWeen ?rst and second positions
`Within the vessel, the mixing element positioned further
`from the opening When in the ?rst position than When in
`the second position;
`a shaft; and
`a splash shield slidable on the shaft betWeen ?rst and sec
`ond positions, the splash shield in the second position
`positionable covering the opening of the vessel and
`being unrestrained against sliding movement on the
`shaft in a direction aWay from the opening, the splash
`shield having su?icient mass to retain the vessel Within
`the holder during relative axial movement of the mixing
`element and vessel from the ?rst position to the second
`position When liquid is present in the vessel.
`
`Hamilton Beach, Exh. 1012, p. 007
`
`
`
`US 7,520,658 B2
`
`5
`2. The mixing machine of claim 1, wherein the mixing
`element is carried on the shaft, and Wherein the holder is
`moveable relative to the mixing element to move the vessel in
`a ?rst direction toWards the mixing element and in a second
`direction aWay from the mixing element.
`3. The mixing machine of claim 2, Wherein movement of
`the vessel in the ?rst direction positions the vessel in contact
`With the splash shield.
`4. The mixing machine of claim 1, Wherein the mixing
`element is carried by the shaft, and Wherein the splash shield
`is engageable With a member on the shaft and is disengage
`able from the member in response to upWard force by the
`vessel against the splash shield.
`5. The mixing machine of claim 1, Wherein the splash
`shield has a mass of approximately 5 lbs.
`6. A method for retaining a vessel in a holder While mixing
`contents of the vessel, the method comprising the steps of:
`providing a vessel containing contents to be mixed, the
`vessel including an opening;
`further providing a mixing machine having a holder on the
`mixing machine for receiving the vessel, a rotatable
`mixing element extendable into the vessel for mixing the
`contents of the vessel, and a shield;
`positioning the vessel in the holder;
`
`5
`
`20
`
`6
`positioning the shield in contact With the vessel to cover the
`opening of the vessel, the shield When contacting the
`vessel being unrestrained against upWard movement
`aWay from the opening; and
`With the vessel positioned in the holder, using a motor to
`translate at least one of the mixing element and the
`holder such that the mixing element passes through the
`contents of the vessel, the mass of the splash shield
`preventing separation of the holder and the vessel during
`translation.
`7. The method of claim 6, Wherein the method further
`includes the step of rotating the mixing element to mix the
`contents of the vessel.
`8. The method of claim 7 Wherein translating the mixing
`element includes translating the mixing element While rotat
`ing the mixing element to mix the contents of the vessel.
`9. The method of claim 6, Wherein the method further
`includes containing a substantial portion of contents splash
`ing from the vessel Within the shield or vessel.
`10. The method of claim 6, Wherein the contents of the
`vessel are at least partially froZen.
`11. The method of claim 6, Wherein the contents comprise
`froZen milkshake ingredients.
`
`*
`
`*
`
`*
`
`*
`
`*
`
`Hamilton Beach, Exh. 1012, p. 008