Interference No. 105,113
Before MARTIN, Administrative Patent Judge, McKELVEY, Senior Administrative Patent
Judge, and SCHAFER, Administrative Patent Judge.
MARTIN, Administrative Patent Judge.
A. The motions before us
The motions before us, which were argued at the 25 March 2004 oral hearing, are:3
(a) "Cheung Preliminary Motion 1 (attacking benefit)"; and
(b) "Cheung Preliminary Motion 2 (for judgment on unpatentability under 112, ¶1)."
These motions contend that Ritzdorf's involved and benefit applications fail to provide 35 U.S.C.
§ 112, first paragraph, written description support for the terms "thermal anneal chamber" and
"annealing chamber" in Ritzdorf's claims and in Count 1, the sole count.
B. The invention at issue
The subject matter of the interference is an electro-chemical deposition system or
electroplating system for forming a metal layer on a wafer/substrate. Cheung et al. Patent
6,136,613 (CX4 2001) (hereinafter "the Cheung patent"), col. 1, ll. 8-11. Cheung's Figure 3 is a
3 In an "Order - Rule 645" issued 10 March 2004 (Paper No. 58), a Trial Section panel denied
"Ritzdorf Miscellaneous Motion 1 (for Leave Under 35 [sic: 37] C.F.R. §§ 1.635 and 1.645 To
File a Belated Contingent Motion Under 35 C.F.R. § 1.633(i))" seeking to add claims 78-87 to
Ritzdorf's involved '613 application and to designate those claims as corresponding to Count 1.
Furthermore, the "Notice of Motions To Be Withdrawn" (Paper No. 56) indicates that the parties,
pursuant to an agreement to filed in this interference, have withdrawn "Cheung Preliminary
Motion 3 (for judgment based on unpatentability on prior art)" and "Ritzdorf Motion No. 1 (To
Designate [Cheung] Claims 6-9 As Corresponding to the Count)."
4 Cheung Exhibit. Ritzdorf's exhibits are designated herein by "RX."
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