HAMMONDS FUEL ADDITIVES, INC.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`Page 1
`
`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`Page 2
`
`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`“BUGS IN MY FUEL”
`Answers to the Most Frequently Asked Questions on Microbial Growth in Fuel
`
`What are microorganisms, or bugs?
`
`The scientific names for the types of organisms that live in petroleum products are Cladosporium
`Resinae and Pseudomonas Aeruqinosa. The organisms are either air or water borne and contaminate fuel
`systems be entering through vents, standing water in sump bottoms, dissolved “free water” or trash incurred
`during transport or delivery. They grow at incredible rates with some varieties having the ability to double in
`size every 20 minutes.
`
`What do these bugs do?
`
`These slimy bugs live and multiply in the fuel / water interface. They actually exist in the water and
`feed off the hydrocarbons in the fuel. They are referred to as Hydrocarbon Utilizing Microorganisms,
`commonly known as HUM-Bugs. As they grow, they form mats that are dark in color and appear gel-like.
`Their waste produces water, sludge, acids and other harmful by-products. Microorganisms will also
`consume rubber gaskets, o-rings, hoses or tank linings and coatings for their mineral contents.
`
`How do I know I have bugs?
`
`The signs of microbial growth can vary. Some of the obvious signs are clogged filters, loss of
`engine power due to fuel starvation because of plugged lines, contamination on tank bottoms, fuel with a
`sulfur smell and tank access lids with green or brown slimy formations.
`
`A more definite appraisal may be made with the use of a microbe detector kit. An easy-to-use test
`kit is the HUM-Bug Detector® Kit available through Hammonds Fuel Additives, Inc.
`
`Why do I need to control microbes in fuel systems?
`
`A sterile fuel system is one with lower maintenance costs. That translates to reduce equipment
`disruptions, or downtime due to fuel system complications. The elimination of bugs in both storage and
`equipment tanks will also produce the chances of leaking tanks due to corrosion from microorganisms’ acid
`waste products.
`
`Isn’t good fuel management and proper “housekeeping” enough to avoid problems?
`
`Keeping petroleum products dry and clean is essential to any well-maintained storage operation. The
`monitoring of water bottoms and removal of trash and particulate matter is very important. However, the
`highest standards of housekeeping will not ensure the absence of microbial infestations and associated
`problems. Microbial spores can exist in a dormant stage for extended periods of time, waiting for trace
`amounts of water or improved growing conditions.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`Page 3
`
`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`What should I do if I find I have a bug problem?
`
`Blend BIOBOR® JF into your fuel tank at the recommended 270 PPM by weight. Allow the tanks to
`be uninterrupted for at least 24 hours. Depending on the severity of the infestation, results may be seen in as
`little as 16 hours but can require as much as 72 hours in order to provide a complete kill. Place tank back in
`operation and monitor filters for residual build up. Once BIOBOR® JF has done its job of exterminating the
`infestation, the remains might appear as coffee grains in the bottom of the tank.
`
`Once I have a sterile tank and fuel system, how can I prevent these problems from happening
`again?
`
`The use of BIOBOR® JF at a rate of 135 PPM is a preventative measure and will deter any future
`infestations. BIOBOR® JF Fuel Additive will correct and prevent microorganism contamination in
`petroleum products. Periodic fuel testing with the Hum-bug Detector® Kit will also verify the effectiveness
`of the BIOBOR® JF additive.
`
`Aren’t there other products on the market that can cure the problem and do other things in
`addition?
`
`Yes, there are other products on the market, some that have a list of problems that they propose to
`cure. However, when a product is formulated, it can have many different ingredients designed to do many
`different things. When this is done, it is difficult to get enough of any one ingredient to perform any job
`well. BIOBOR® JF is specifically designed to do one job, and do it very effectively without being harmful to
`the user, the fuel or the environment.
`
`Why is Biobor® JF so effective?
`
`As you may have noted from the can label, BIOBOR® JF is registered with the EPA as a pesticide.
`Any additive which has the proper amount of the effective ingredients with dosages strong enough to truly
`“kill” or eliminate a growing organism, must have its contents and label approved and registered by the EPA.
`
`How can I find out more about Biobor® JF?
`
`Call or write Hammonds Fuel Additives, Inc. at:
`
`HAMMONDS FUEL ADDITIVES, INC.
`15760 WEST HARDY ROAD, SUITE 400
`HOUSTON TEXAS 77060-3147
`PHONE: 281 820 5674 OR TOLL FREE 800 548 9166
`FAX: 281-847 5129
`
`We will be glad to send you additional technical data, or have our Marketing Technical Services
`Department visit with you to discuss your particular problem and solution.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`Page 4
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`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`GENERAL INSTRUCTIONS FOR THE USE
`OF BIOBOR® JF
`
`BIOBOR® JF is best used with a fuel management plan. Included in this regular maintenance
`schedule should be daily inspection routines. The plan for BIOBOR® JF use includes correct dosage,
`frequency and method of applications.
`
`Maintenance includes the care of the fuel and the fuel system. Of prime importance is the frequent
`and regular removal of water from both the storage tank and vehicles. Check tanks for uneven bottoms
`which cannot be drained.
`
`Inspect fuel for quality. Check storage tanks, fuel systems and vehicle’s operational tanks for
`microbes. Early detection prevents damage, and allows for easier treatment with BIOBOR® JF.
`
`Proper fuel management is necessary to control microbial growth, but as with the use of
`preservatives to prevent food spoilage, some other insurance is needed. BIOBOR® JF is that insurance.
`
`BIOBOR® JF is a powerful, safe, and effective biocide for fuel. When used correctly, it will bring a
`fuel system to sterility and keep it that way. The necessary information and steps are outlined below.
`
`1. Correct dosage.
`2. Careful addition injection to the system.
`3. Suitable contact time.
`4. Frequency of use.
`
`There are two (2) levels of addition; a shock dose for contaminated or at risk systems, and the
`maintenance dose for clean, less risky systems.
`
`The meaning of a contaminated system is obvious. Microorganisms have been identified or
`contamination is highly suspected because one or more of the following exist:
`
`1. Slime has been found on the filters.
`2. Slime has been found on the surfaces.
`3. A problem has developed with fuel lines plugging.
`
`Once one of these preliminary symptoms is noticed, a fuel sample should be taken and tested. One
`of the industry wide, recognized tests for the existence of harmful Hydrocarbon Utilizing Microorganisms is
`the HUM-Bug Detector® Kit, also available through Hammonds Fuel Additives, Inc., Houston, Texas.
`
`A system is at risk if one or more of the following conditions exist:
`
`1. The fuel will be stored or the vehicle is not in constant use.
`2. Fuel quality is suspect. (Some fuels are heavily contaminated due to improper
`handling).
`3. The vehicle operates in warm, humid areas.
`4. Past history of the vehicle or sip indicates a continuing potential for problems.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
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`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
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`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`5. Condensation with side variations in day / night temperature, spring and fall may be
`higher risk times.
`
`Systems can be a lower risk under the following conditions;
`
`1. Fuel is bought with good quality assurance and is maintained carefully with frequent
`inspections.
`2. Vehicles are used frequently (this only lowers the risk slightly).
`3. Tanks are sumped frequently and regularly, and / or have water removal systems.
`4. Past history indicates problems of contamination are rare.
`5. Winter will slow the growth rate (most microorganisms slow their growth rate in the
`cold). Note: Microorganisms are not killed by cold, only put into a dormant state.
`
`Assessing risk is a judgment matter. Manufactures have to be taken into account, and are necessarily
`different for each case.
`
`The highest dosage level of BIOBOR® JF ever recommended is 270 parts per million (PPM). This
`level is approximately equal to one gallon of BIOBOR® JF for 5,000 gallons of fuel. The 135 PPM dose may
`not be strong enough to clean a contaminated system.
`
`There are two (2) factors of consideration when using BIOBOR® JF.
`
`1. BIOBOR® JF must reach all areas of a system to be effective.
`2. The fuel / water BIOBOR® JF system is a complex one, and BIOBOR® JF needs to be
`distributed evenly throughout.
`
`The most reliable way to get BIOBOR® JF into the fuel is by metered injection. With proper metered
`injection, BIOBOR® JF is blended instantly to the correct dose so there are no areas in the tank that get high
`of low levels, and the problem of solids formation is avoided. (The subject of solids formation is discussed
`at length in the Hammonds’ Service Bulletin 980 and Service Bulletin 982). There are several manufactures
`of metering systems who can be consulted on the details of the equipment available. Hammonds Technical
`Services, Inc. in Houston, Texas, manufactures fluid injector systems which are compatible with this product
`and are operated independently of any other equipment.
`
`If the use of an injection system is not possible, there are other options. A batch may be made to pre-
`dilute the BIOBOR® JF. The batch should not exceed 1,000 PPM, so something as large as a tank truck may
`be needed to perform batch blending. Some operators have been making a much more concentrated blend,
`several ounces of BIOBOR® JF in two or five gallons of fuel. This method is definitely not recommended!
`Fuel will ordinarily contain enough water to react with the highly concentrated BIOBOR® JF. This may
`appear as haze, precipitate, or through the formation of separate liquid layers. Limiting the blend to 1,000
`PPM avoids the problem of precipitate and loss of BIOBOR® JF activity.
`
`A second method is direct addition to the top of the tank. If this method is used, check to see if there
`is fuel under the access hold. BIOBOR® JF should never be poured into an empty tank or into a thin layer of
`fuel. If possible, dribble it in the tank which is being filled. If pouring in from the top, make sure there is at
`least half a tank full and add while fuel is flowing in. This will blend and dilute it to get the desired results.
`Treating the storage tank instead of the vehicle is the most efficient way to batch-blend BIOBOR® JF.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`Page 6
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`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`Everything in the system (pipes, trucks, filters and meters) will be kept free of contamination. Also,
`if a mistake in under-dosage is made, it can be corrected before the fuel reaches the vehicle or ship.
`
`BIOBOR® JF is a metabolic poison for microorganisms. That is, it has its effect on the metabolism
`and / or multiplication of the individual cells. Before is can kill them, it has to cross the exterior walls and
`membranes of each cell. This takes a few hours. A few more hours are needed for the metabolic activity.
`Therefore, a certain contact time is needed for a complete kill.
`
`Depending on the severity of the infestation, results may be seen in as little as 16 hours but can
`require as much as 72 hours in order to provide a complete kill. This is of no matter for storages tanks that
`are idle, but it becomes a problem for vehicles in active use.
`
`In order to reach the desired contact time, many possibilities have to be considered, and a careful
`plan worked out. Factors in the plan include:
`
`1. Treating after the last use of the day, so that evening hours are available for contact.
`2. Treating during scheduled maintenance, when the vehicle is idle for a day or two.
`3. Treating at two or more successive stops on the schedule to ensure the necessary time.
`
`Frequency of treatment is perhaps the most difficult aspect of BIOBOR® JF treatment. Many
`operators use BIOBOR® JF more or less continually, but this option is not open to all users. The system has
`to be treated often enough to keep microorganisms in check. The goal is to never allow microorganisms to
`grow long enough to cause any damage.
`
`Determining how often this is, is based on may factors:
`
`1. The limit of risk for the system.
`2. Historical incidence of contamination.
`3. Level of maintenance.
`4. Source of fuel.
`5. Weather in the operating area.
`6. Use pattern of the vehicle or ship.
`
`Again, this is a judgment situation. Frequency may become individualized to a system, location, or
`even to a single tank on any individual piece of equipment.
`
`A new schedule may at first be arbitrary. Experience will show whether or not the treatments are
`frequent enough. Should inspection show signs of growth contamination, then the system must be treated
`more often. A tank going into storage should be treated. No second treatment will be needed until the fuel is
`burned off or drained.
`
`Service Bulletin No. 982, for aircraft use, and No. 980 for general use, should be consulted before
`using BIOBOR® JF. Material Safety Data Sheets are also available.
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`Page 7
`
`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

` HAMMONDS FUEL ADDITIVES, INC.
`
`
` BIOBOR® JF microbicide
`
`TECHNICAL DATA SHEET-TD-9610
`
`BIOBOR® JF is a liquid fuel additive that combats fungus and other microbial life in hydrocarbon
`
`
`
`
`
`
`
`fuels such as diesel and jet fuels.
`BIOBOR® JF eliminates growth of harmful slime producing fungi that clog filters and pipelines, attack
`rubber fuel systems components and whose waste products aid in the corrosion of metal surfaces.
`BIOBOR® JF is simple to use and harmless to the wide variety of fuel system parts, top coatings,
`sealants and elastomeric materials tested. It does not adversely affect fuel performance in any way.
`BIOBOR® JF is an effective microbicide because of its equilibrium solubility in both fuel and water
`under conditions of fuel storage.
`BIOBOR® JF is used by a large number of aircraft operators, airlines, ships boats, trucking fleets,
`railroads, bulk storage terminals, fuel suppliers and by other users of hydrocarbon fuels exposed to the
`possibility of contamination by fungus and bacteria.
`GENERAL USAGE
`If a system is badly contaminated, drain water bottoms thoroughly. Water bottoms in storage tanks
`should be kept to a minimum. Good housekeeping is important in treating slime problems, but it is not
`a cure. BIOBOR® JF is used at 270* PPM in fuel to effect sterilization, and subsequently at 135*
`PPM to maintain fungus-free fuel. Ideally, BIOBOR® JF should be injected to ensure proportionality
`and even distribution throughout the fuel tank. However, in the absence of metering equipment,
`BIOBOR® JF may be manually batch-blended. If batch-blending, as in tank trucks or small aircraft
`wing tanks, BIOBOR® JF should be introduced while the tank is being filled, after the tank is
`approximately ½ full. This will ensure faster and more complete dispersion.
`*See Chart on Reverse.
`
`PRODUCT DATA
`Chemical Composition
`Active Ingredients
` 2,2’-oxybis (4,4,6-trimethyl-1, 3,2- dioxaborinane)
` 2,2-(1-methyltrimethylenedioxy) bis-(4-methyl-1,
` 3,2-dioxaborinane)
`
`Inert Ingredients
`
`Petroleum Naphtha
`
`Inerts
`
`Total
`
`
`Boron Content
`Physical Properties (typical)
` Flash Point, Tag Closed Cup
` Pour Point
`
` Appearance
`Instructions for Storage and Handling
`All BIOBOR® JF container must be kept closed from the atmosphere. Protect BIOBOR® JF from any
`water contamination. The solvent action of BIOBOR® JF will attack coatings on paper linings of caps
`and lids, therefore, polyethylene liners or closures are recommended for storage of BIOBOR® JF.
`
`95.0%
`
`4.5%
`0.5%
`100.0%
`7.3%
`
`104 + 2° F.
`-27° F.
`Clear Liquid
`
`EPA REG. NO. 65217-1
`EPA EST. 61897-TX-0001
`CANADIAN P.C. P REG. NO. 10301
`CAS NO. 8063-89-6
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
`
`Page 8
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`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

` HAMMONDS FUEL ADDITIVES, INC.
`
`
`BIOBOR® JF microbicide
`
`TECHNICAL DATA SHEET CONTINUED
`
`BIOBOR® JF ADDITIONS FOR LARGE JET FUEL TANKS
`
`JET FUEL
`Lbs.
`Gals.
`670
`100
`1,340
`200
`2,010
`300
`2,680
`400
`3,350
`500
`6,700
`1,000
`13,400
`2,000
`16,750
`2,500
`33,500
`5,000
`67,000
`10,000
`134,000
`20,000
`335,000
`50,000
`
`SHOCK TREATMENT
`@ 270 PPM
`Gals.
`Fl. Ozs.
`0.02
`2.63
`0.04
`5.26
`0.06
`7.89
`0.08
`10.53
`0.10
`13.16
`0.21
`26.46
`0.41
`52.92
`0.52
`66.08
`1.03
`132.16
`2.07
`264.47
`4.14
`528.94
`10.35
`1,322.35
`
`MAINTENANCE LEVEL
`@ 135 PPM
`Gals.
`Fl. Ozs.
`0.01
`1.32
`0.02
`2.63
`0.03
`3.95
`0.04
`5.26
`0.05
`6.58
`0.10
`13.16
`0.21
`26.46
`0.26
`33.04
`0.52
`66.08
`1.03
`132.31
`2.06
`264.62
`5.15
`661.55
`
`To determine the fluid ounces of BIOBOR® JF required to give a concentration of 270 PPM, multiply pounds of fuel by
`0.004 and for 135 PPM by 0.002
`Density of Jet Fuel: 1 gallon weighs 6.714 pounds.
`BIOBOR® JF METRIC CONVERSIONS FOR VARIOUS FUELS
`SHOCK TREATMENT AT 270 PPM
`Fuel Density at
`15° C / 59° F
`g / ml
`lbs / gal
`0.7601
`6.343
`0.8045
`6.714
`0.8180
`6.827
`0.8484
`7.080
`0.9952
`8.305
`
`Oz. of
`BIOBOR® JF
`per 1000
`gal. fuel
`25.37
`26.86
`27.31
`28.32
`33.22
`
`ml of
`BIOBOR® JF
`per 1000
`liters fuel
`198.27
`209.57
`214.50
`220.99
`259.26
`
`FUEL
`JP-4
`Kerosene (Turbine Fuel)
`Diesel #1
`Diesel #2
`Bunker “C”
`
`kg / L
`.762
`.806
`.820
`.850
`.997
`
`To determine the fluid ounces of BIOBOR® JF required to give a concentration of 270 PPM, multiply pounds of fuel by
`0.004 and for 135 PPM by 0.002
`To determine milliliters of BIOBOR® JF required to give a concentration of 270 PPM, multiply kilograms of fuel by .26 and
`for 135 PPM by .13
`
`BIOBOR® JF is manufactured and sold for prevention and elimination of microbial growth in all hydrocarbon fuels such as
`aviation jet fuels, kerosene, no.1 and no.2 diesel fuels, home heating oil, marine diesel and bunker “C” fuel.
`
`HAMMONDS FUEL ADDITIVE, INC.
`15760 West Hardy Road, Suite 400 Houston, Texas 77060-3147
`281/820-5674 Fax: 281/847-5129
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`800-548-9166
`
`©1996 All Rights Reserved
`
`Page 9
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`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
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`

`

`
`
`
`
`BIOBOR® JF
`Service Bulletin
`
`HAMMONDS FUEL ADDITIVES, INC.
`
`BIOBOR® JF AVIATION FUEL ADDITIVE
`
`No. 982
`
`I.
`
`INTRODUCTION
`
`The following discussion and tables are presented on the subject of fungal growth in aircraft fuel
`systems and how to eliminate it with the help of BIOBOR® JF. It is simple to use and compatible with a
`wide variety of fuel system parts and top coatings, sealants and elastomeric materials. It does not adversely
`affect fuel performance. Chemical and physical properties are listed in Table I, blending data in Tables II, III
`and IV, and compatibility fuel system components in Table V.
`
`Due to the critical nature of fuel supply to an aircraft engine, it is important that this information be
`carefully read, particularly the section on blending, before attempting to use BIOBOR® JF. This product is a
`special formulation of glycol borates designed for maximum biocidal effectiveness in hydrocarbon fuels and
`oils. In addition BIOBOR® JF is authorized by the FAA and recommended by both airframe manufacturers
`and engine manufacturers.
`
`BIOBOR® JF works in both fuel and water. However, BIOBOR® JF must be kept from direct
`contact with excessive amounts of water to prevent hydrolysis of active ingredients into fuel insoluble
`materials. A complete discussion is given for proper handling and use. Should more information be needed,
`contact the technical service representative at Hammonds Fuel Additives, Inc. Office addresses and
`telephone numbers are listed at the end of this service bulletin.
`
`BIOBOR® JF is registered with the EPA as a pesticide (EPA Reg. No. 65217-1)
`
`BIOBOR® JF is recognized by a military specification number (MIL-S-53021)
`
`II. FUEL CONTAMINATION IN AIRCRAFT
`
`A. Occurrence of the Problem
`
`Surprisingly, several forms of fungi can survive and multiply in hydrocarbon fuels, especially the
`fuels consumed by jet aircraft. The microscopic growth occurs in al components of the fuel handling system
`– storage tanks, pumps, filters, delivery lines and ultimately, the jet aircraft fuel tanks. These microbes grow
`into long strings and form large mats or globules. The growth appears slimy, and usually black, green or
`brown, although it may be any color. It may grow throughout the fuel, or at the interface area between the
`fuel and water bottom layer. As the fuel is agitated – for instance during filling – microbial growth is
`distributed throughout the fuel system, where it will cling tenaciously to walls and supporting structures.
`
`The organism most commonly found in contaminated systems is Cladosporium resinae. It grows
`rapidly under widely varying conditions, needing only trace amounts of water and minerals to sustain itself.
`As it grows, it chemically alters the fuel to produce water, sludge, and acidic by-products. It can attack and
`destroy fuel tank linings and hoses, and pit metals to the point where holes are formed. Other problems can
`also arise. Fuel tank gauging systems are favorite places for microbial growth and the adhering slime
`interfaces with the operation of the indicating system to cause erratic readings. Filters also are affected, as
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
`
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`

`HAMMONDS FUEL ADDITIVES, INC.
`
`the slimy material is very difficult to remove by the usual fuel filtering methods. The slime very quickly
`clogs filters, sometimes to the point of fuel starvation.
`
`B. Detection of the Problem
`
`Evidence of contamination may be seen on filters, tank surfaces, and pipelines as a dark slimy mass.
`The fuel may develop a smell of sulphur, similar to rotten eggs. Where there is no clear evidence but
`contamination is suspected, there are biological methods for testing fuel. Among the most convenient of
`these is the Hum-Bug Detector® Kit available from Hammonds Fuel Additives, Inc., Houston, Texas.
`
`Whenever fuel tanks are opened for a maintenance inspection, a visual examination should be made
`to determine the presence of slime on interior surfaces and particularly in sump area where slime proliferates.
`Water, routinely drawn from sump areas, should also be inspected for slimy debris.
`
`Erratic readings from fuel quantity probes may be due to an accumulation of slime deposits.
`Physical cleaning of the fuel probes may reduce the problem temporarily but re-growth very likely will occur
`resulting in faulty readings and further damage because of corrosion.
`
`Positive findings of slime require immediate action to prevent further damage.
`
`C. Prevention of the problem
`
`The problem of microbial contamination in fuels can be alleviated by a two-step procedure:
`
`1. Use of a microbicide, such as BIOBOR® JF, following the instructions below.
`2. Proper maintenance of the fuel handling system.
`This is a key step because the effectiveness of even the most efficient fungicide can be
`reduced if the fuel is allowed to retain fungal debris and high excesses of water. Proper
`maintenance therefore requires regular removal of accumulated water bottoms and drainage
`of sump areas in addition to proper filtering to remove debris. Filters and screens should be
`inspected regularly. Storage tanks must be included in regular cleaning and inspection
`schedules. In some instances, good housekeeping may be all that is needed to prevent fungal
`growth. However, contamination occurs very easily, and even the best maintained system
`may need the assurance of BIOBOR® JF.
`
`III. INSTRUCTIONS FOR USE OF BIOBOR® JF
`
`A. General
`
`Prepare the system before using BIOBOR® JF by checking the condition of the entire system. If
`microbial growth contamination has already occurred, there may have been damage that should be repaired.
`In badly contaminated systems, as BIOBOR® JF kills the microbes, water, chemical and physical debris can
`be released that my further damage or clog the fuel system.
`
`When adding BIOBOR® JF, consult the dosage charts (Tables II, III and IV), or calculate the amount
`of BIOBOR® JF necessary to treat the fuel. For contaminated systems, or tanks prone to microbial attack,
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
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`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
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`HAMMONDS FUEL ADDITIVES, INC.
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`use the higher “shock” treatment level. This is calculated at 270 PPM BIOBOR® JF in fuel, or approximately
`one gallon of BIOBOR® JF for 5,000 gallons of turbine fuel.
`
`For maintenance in new or previously treated tanks, a level of 135 PPM BIOBOR® JF or one gallon
`BIOBOR® JF in 10,000 gallons of turbine fuel, may be used. Exact usage will vary due to variations in
`weather, movement of fuel, and aircraft type. In general, use the lower level as long as the system is free of
`microbial growth. If contamination occurs, use the 270 PPM addition, or treat more often, or both. In no
`instance should BIOBOR® JF be used at more than 270 PPM in the fuel. Also, consult your aircraft
`manufactures’ operations manual for recommended frequency of usage.
`
`When using BIOBOR® JF, check the filters frequently at first. Dying microorganisms will release
`specks of dirt and rust that have been caught in the mats. Also, the slime itself may come off walls and
`structures as it is killed. Once dead, the slimy nature of the growth will disappear, and it should become
`more filterable.
`
`Once BIOBOR® JF is applied to fuel, it begins to work immediately. However, when large
`infestations exist, it is important to allow sufficient time for the BIOBOR® JF to provide a thorough kill. The
`concern is that BIOBOR® JF treated fuel in a contaminated tank will begin to break up large mats of growth
`into smaller ones which, once dislodged, could cause filter or line plugging. It is important that treated fuel
`be allowed to kill an infestation completely. Even still, when large, visual infestations exist, once killed,
`carcass remains and particulate matter which may have been trapped in large mats of microbial growth will
`need to be removed manually or by filtration. Also, tanks that are not completely filled with treated fuel,
`may not get protection above the fuel line. Therefore, it is also recommended that BIOBOR® JF treated fuel
`be used to fill tanks completely to ensure total sterilization.
`
`B. Blending
`
`CAUTION: Turbine fuel, by its nature contains some water. Always be sure fuel has been properly
`maintained and filtered to remove water and debris. BIOBOR® JF is a mixture of glycol borates, and under
`certain conditions (high BIOBOR® JF concentrations), will hydrolyze in fuel-water systems to form solid
`crystalline products. To avoid the possibility of solids formation, care must be taken to avoid adding
`BIOBOR® JF to fuel containing excess moisture, and to avoid using BIOBOR® JF above a concentration of
`1,000 PPM (equivalent to 0.1%, or about 3.8 gallons of BIOBOR® JF to 5,000 gallons of fuel) even when
`preparing BIOBOR® JF fuel concentrates. Glycol borates are soluble in both the water and fuel phases of the
`system. For practical purposes, a partition coefficient of 250:1 fuel to water distribution can be assumed. In
`the presence of very low concentrations of water in fuel, BIOBOR® JF is essentially contained in the fuel
`phase. With BIOBOR® JF at its recommended level of 270 PPM, there will be no problem of solids
`formation. However, in the presence of excess water, either through direct dilution of BIOBOR® JF with
`water, of by adding BIOBOR® JF to “wet” fuel, i.e., fuel from a sump area, formations of solids may occur.
`
`If BIOBOR® JF concentration in fuel is maintained below 1,000 PPM, it has been shown that solid
`formation will not occur, even in “wet” fuel. However, above 1,000 PPM of BIOBOR® JF in fuel, water
`concentration becomes a factor and in laboratory tests, amounts of water in excess of 1,000 PPM added to
`the fuel treated with BIOBOR® JF caused formation of solids. ASTM standards note the maximum
`recommended limit for water in jet fuel not exceed 30 PPM.
`
`For reasons noted above, we strongly recommend the use of a metered injection system for
`BIOBOR® JF addition to aviation turbine fuel. Metered injection eliminates problems associated with batch-
`
`15760 WEST HARDY ROAD, SUITE 400 •HOUSTON, TEXAS 77060-3147 • (281) 999-2900 • (800) 584-9166 • FAX: (281) 847-5129
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`Page 12
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`Anacor Exhibit 2038
`Flatwing Pharmaceuticals, Inc. v. Anacor Pharmaceuticals, Inc
`IPR2018-00170
`
`

`

`HAMMONDS FUEL ADDITIVES, INC.
`
`blending and over-the-wing addition. Also, it ensures continuous dilution at the correct level in a flowing
`stream of fuel. Complete dispersion is obtained immediately, which is especially important in wing tanks
`with baffles and in aircraft where fuel cannot be re-circulated to promote mixing.
`
`Over the wing treatment in aircraft that do not have re-circulation devices may lead to chronic under
`treatment, or lack of treatment, in some areas of the fuel tank. This will result in lack of fungal control in
`those areas. Therefore, a Hammonds Additive Injection System is highly recommended. Contact
`Hammonds Technical Services, Inc. at (713) 999-2900, Fax (713) 847-1857, for an additive injection system
`distributor near you.
`
`If metered injection is not possible, and the only alternatives are batch-blending or over-the-wing
`addition, further precautions should be taken. When batch-blending, calculate the amount of BIOBOR® JF
`needed for treatment, and prepare a batch that does not exceed the 1,000 PPM concentration. Use a large
`container and be sure that it is free of dirt, water and other contaminants. Fill the container one-half full with
`fuel first, then continue adding fuel and BIOBOR® JF at the same time to ensure proper dispersion. To
`insure proper dilution below 1,000 PPM, a tank truck may be required for mixing.
`
`When adding BIOBOR® JF over the wing, fill the wing tank about half