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Blue Rhino Clarifies Consent Order and Status of U.S. International Trade Commission Proceeding and Pending Litigation With American Biophysics Corporation

LIBERTY, Mo., June 3 /PRNewswire-FirstCall/ -- American Biophysics Corporation ("ABC") issued a press release on May 26, 2004, regarding the pending International Trade Commission ("ITC") proceeding involving insect traps. That release states that a consent order entered into by Blue Rhino and ABC "supports patent infringement violations." Blue Rhino desires to clarify publicly the status of the ITC proceeding and the background of the consent order.

ABC filed a patent infringement lawsuit against Blue Rhino in Rhode Island on August 8, 2003, and subsequently filed a complaint against Blue Rhino with the ITC seeking an order barring further import and sale of the SkeeterVac(R) model SV 1000. Prior to the lawsuit or ITC complaint, Blue Rhino announced a new product line for 2004 with improved technology and had determined that the SV 1000 would no longer be offered for sale in the United States. Blue Rhino voluntarily entered into a consent order regarding the SV 1000 since it had already determined not to sell that model of its product going forward.

Significantly, there have been no findings of infringement in the pending ITC matter or in the Rhode Island court proceeding, regarding either the SV 1000 or the 2004 SkeeterVac product line. The consent order does not include any findings of patent infringement as the ABC release suggests.

The pending ITC proceeding is currently expected to conclude in October 2004. Thereafter, ABC may elect to pursue its pending claims in federal court in Rhode Island. If pursued, Blue Rhino intends to defend such claims. In addition, Blue Rhino has pending claims against ABC in North Carolina for cyber-squatting and unfair and deceptive trade practices, among other claims. Blue Rhino expects to direct the court's attention to ABC's May 26, 2004, press release as further evidence of its pattern of unfair and deceptive trade practices. Blue Rhino also intends to seek to invalidate ABC's patents as being anticipated by prior art, obvious, indefinite and obtained through inequitable conduct. Blue Rhino expects to prevail on its claims.

"Blue Rhino expects to prevail in the pending litigation matters and expects the SkeeterVac to be available for consumers for years to come," said Billy Prim, Blue Rhino's CEO.

Blue Rhino is a leading national provider of branded propane tank exchange and complementary propane-fueled products to consumers. Blue Rhino tank exchange is offered at leading home improvement centers, mass merchants, hardware, grocery, and convenience stores, with branded tank displays at more than 30,000 retail locations in 50 states, Puerto Rico and the U.S. Virgin Islands. The company's propane-fueled products include appliances such as grills, patio heaters and mosquito eradication devices, which are sold through many of the same retailers that offer Blue Rhino's branded tank exchange service. Blue Rhino is a division of Ferrellgas, L.P. For further information regarding Blue Rhino, visit the Blue Rhino Web site at http://www.bluerhino.com .

Statements in this release concerning expectations for the future are forward-looking statements. A variety of known and unknown risks, uncertainties and other factors could cause results, performance and expectations to differ materially from anticipated results, performance or expectations. These risks, uncertainties and other factors are discussed in Ferrellgas Partners, L.P. Annual Report on Form 10-K for the fiscal year ended July 31, 2003, and other documents filed from time to time, by Ferrellgas Partners, with the Securities and Exchange Commission.

(R) SkeeterVac is a registered trademark of Blue Rhino Global Sourcing, LLC., which is a wholly-owned subsidiary of Ferrellgas, L.P. Ferrellgas, L.P. is a subsidiary of Ferrellgas Partners, L.P.

Contact: Ryan VanWinkle, Investor Relations, 816-792-7998

SOURCE Ferrellgas Partners, L.P.