Appeal No. 2002-0094 Page 6
Application No. 09/346,435
Claim 15
Appellant argues that two steps of claim 15 are neither taught nor suggested by the prior
art or any proper combination thereof: (1) the step of forming an electrically conductive sheath
layer; and (2) the step of routing the electrically charged particles (Brief at p. 5). We do not
agree.
Hause describes a step of forming a TiN layer which meets the requirements of the
electrically conductive sheath layer formation step. During patent examination, the pending
claims must be "given the broadest reasonable interpretation consistent with the specification." In
re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989). A step of forming a
layer is just that; a step of forming a layer of material on a surface. Here, the specification
specifies materials including titanium nitride for the conductive sheath layer (specification at p.
6, ll. 30-34). That material is deposited over a dielectric layer 12 and a substrate 10 (Id.). The
step of forming an electrically conductive sheath layer, therefore, encompasses the formation of a
TiN layer over a dielectric layer and a substrate. Nothing in the specification indicates that the
function “for electrically diverting...” changes the manipulative aspects of the layer formation
step.
Hause describes the formation of TiN layer 26 over a dielectric layer 14 and substrate 10.
Hause need not recognize that the layer functions to divert etchant particles during plasma
etching; clearly the layer is capable of doing so as it is in the same location and is of the same
material as Appellant’s layer.
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