Ex parte HURWITT et al. - Page 3




                Appeal No. 1998-2342                                                                              Page 3                  
                Application No. 08/505,739                                                                                                


                must be read in light of the specification as it would be interpreted by one of ordinary skill in the art.  In            

                re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).  While it would be                                     

                unreasonable to ignore any interpretive guidance afforded by the specification, see In re Morris, 127                     

                F.3d 1048, 1054-55,  44 USPQ2d 1023, 1027 (Fed. Cir. 1997), it is improper to read limitations                            

                from the specification into the claims.  Id.  See also In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d                        

                1664, 1668 (Fed. Cir. 2000).  With this in mind we turn to claim 1.                                                       

                        Claim 1 is directed to a sputter deposition method of coating substrates.  The claim is in Jepson                 

                format and involves an improvement to a known process of sputter coating using a relatively thick                         

                sputtering target whose sputtering surface substantially erodes over its life.  The improvement involves                  

                “maintaining sputtered film thickness uniformity across the surface of the substrates, from substrate to                  

                substrate.”  The claim recites one method step and that step is directed to changing the spacing                          

                between the target and substrate “so as to maintain film thickness uniformity across the surfaces of the                  

                substrates.”                                                                                                              

                        With regard to “maintaining ... uniformity across the surfaces”, the claim does not require a                     

                perfectly even coating on each substrate.  We note that the specification indicates that there is some                    

                deviation in thickness uniformity with the use of the process.  See Figure 7.   The specification does not                

                state how much deviation is encompassed by the claim language “maintaining ... uniformity.”   However,                    

                the specification indicates that, in semiconductor                                                                        









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