Appeal No. 2001-2200
Application No. 09/286,328
for appellants was questioned in particular on the meaning of column 8, lines 41
through 45 of the '917 patent. Counsel's position was that the disclosure taught using
Cu film in the process of making the device, but did not require any of the Cu film to
remain in the final product.
We find the objective teachings of the '917 patent to be contrary to appellants'
current position. As we have previously noted, the patent teaches bonding between the
Al alloy film and the Cu film to counteract dynamic stress migration of the Al. The
dynamic stress migration occurs as a result of propagation of the acoustic surface
waves -- which propagate during normal use of the finished product. Moreover, we find
no disclosure that the Cu film somehow disappears during the process of making the
device. The patent, particularly at column 7, lines 53 through 56 and column 8, lines 26
through 40, stresses that keeping the temperature below 200° C results in relatively
slight effects in the materials which make up the device, although the temperature is
sufficient to facilitate the desired bonding between the layers.
As support for the view that the patent teaches that "the copper layer is not
required," appellants point to the ‘917 patent’s description of disappointing prior studies
using chromium (Cr) as a transition metal layered between Al films (at column 3, lines 9
through 30). We agree with appellants to the extent that the description may be viewed
as conveying to the artisan that "merely putting a metal into an electrode structure does
not provide a sufficient benefit." (Brief at 7.) The disclosure as a whole conveys that
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