St. Louis, Missouri - March 5, 2004 - The U.S. District Court for the Southern District of Indiana ruled on March 2, 2004, that the ESCO2RT® ultra-lightweight portable liquid oxygen unit, manufactured and sold by Essex and Penox, does not infringe a design patent owned by Mallinckrodt, a subsidiary of Tyco. The District Court also ruled that Essex and Penox's ESCO2RT® liquid oxygen unit does not infringe any trade dress rights associated with Puritan-Bennett Corporation's HELiOS H-300® liquid oxygen unit.

Lewis, Rice & Fingersh, L.C. of St. Louis, MO, represented Essex and Penox in the case. According to attorneys, the Court granted summary judgment in favor or Essex and Penox on the basis that the ESCO2RT® portable liquid oxygen unit violated no patent or trade dress rights of Mallinckrodt or Puritan-Bennett. In a 74-page detailed and comprehensive opinion, Chief Judge Larry McKinney observed that there were "stark" and "substantial" differences between the ESCO2RT® liquid oxygen unit and the design shown in Mallinckrodt's patent, such that no reasonable jury could find in favor of Mallinckrodt on its patent infringement claim. The District Court also determined that Mallinckrodt and Puritan-Bennett had failed to prove any violations of the federal Lanham Act or Indiana state common law through Essex and Penox's sale of the ESCO2RT® liquid oxygen unit, because Puritan-Bennett could not prove a protectable trade dress right in its HELiOS® liquid oxygen unit.

"We were confident that we would prevail in this case," said Mickey Waldman, Senior Vice-President of Essex. "We are very pleased that the Court's decision allows us to continue to market and sell our ESCO2RT® units to healthcare providers across the country. Our companies have a collective history of more than 50 years of manufacturing and selling quality-engineered products for a range of industries, from defense and aerospace to home health care and emergency medical services. The ESCO2RT® portable liquid oxygen unit is yet another example of our longstanding commitment to quality and excellence."

The ESCO2RT® is a small, ultra-lightweight portable liquid oxygen unit that is fully compatible with many of the liquid oxygen base units on the market. The ESCO2RT® weighs approximately four pounds when filled, has a built-in carrying handle and operates upright, on its back, or any position in between. The ESCO2RT® uses an ingenious conserving device to provide approximately eight hours of deliverable oxygen therapy to the patient per filling. The ESCO2RT® is available in both electronic and pneumatic versions, as well as for both 20 and 50 psi pressure systems. Additional information about the ESCO2RT® can be found at www.respiratorygroup.com.

About Essex Industries:

Essex Industries, Inc., located in St. Louis, Missouri and founded in 1947, creates quality-engineered products for defense, aerospace, commercial-private-sport aircraft, emergency medical, fluid power, home health care, high performance automotive, as well as general industries. With a proven track record for developing unique approaches in new fields and for solving old problems with creative engineering and design concepts, Essex is positioned for continued stable growth in the global economy. Additional information about Essex and its products can be found at www.essexind.com.

About Penox Technologies:

Penox Technologies, L.L.C., located in Pittston, Pennsylvania, recently joined forces with three other innovative companies (US Respiratory, Pacific Cylinders and EMS+) to form The Respiratory Group or TRG. With locations nationwide, TRG is a key player in the development of high pressure and liquid oxygen respiratory systems and offer a large inventory of respiratory therapy products, mobility products, and accessories, including the ESCO2RT® portable liquid oxygen unit. Additional information about Penox and TRG can be found at www.respiratorygroup.com.

For further information please contact:
Mr. Mickey Waldman
Senior Vice-President
Essex Industries, Inc.
7700 Gravois Road
Saint Louis MO 63123
314.832.4500