CHEUNG et al vs. RITZDORF et al - Page 5




                Interference No. 105,113                                                                                                 

                                12.  A system for depositing a layer on a substrate,                                                     
                        comprising:                                                                                                      
                                at least one electrolyte processing cell [240]                                                           
                                at least one annealing chamber [211];                                                                    
                                at least one substrate cleaner [238];  and                                                               
                                a substrate transfer apparatus [228 and 216] adapted to                                                  
                        access the electrolyte processing cell [240], the annealing chamber [211], and the                               
                        substrate cleaner [238].                                                                                         
                        Ritzdorf instituted this interference by copying claims 1-5 and 10-14 of the Cheung patent                       
                either exactly or in modified form as claims 68-77 in Ritzdorf's involved Application 09/882,613                         
                (CX 2002) (hereinafter "'613 application").   See '613 application file, "Amendment Under                                
                37 C.F.R. § 1.607" (Paper No. 7).                                                                                        
                        The claims which currently stand designated as corresponding to Count 1 are claims 1-5                           
                and 10-14 of the Cheung patent and claims 68-77 of the '613 application.  See "Notice Declaring                          
                Interference" at 5; "Order Setting Times" (Paper No. 19) at 3, ¶ iii.                                                    
                        Cheung Preliminary Motion 1 contends that the term "annealing chamber" in Count 1                                
                lacks 35 U.S.C. § 112, ¶ 1 written description support in any of Ritzdorf's benefit applications.                        
                Cheung Preliminary Motion 2, which we will address first, similarly contends that the terms                              
                "thermal anneal chamber" in independent claims 68 and 73 and "annealing chamber" in                                      
                independent claim 70 lack § 112, ¶ 1 written description support in the involved '613 application.                       
                Motion 2 also contends that other limitations in the dependent claims lack written description                           
                support.                                                                                                                 

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