Interference No. 105,113
Cir. 1999) (“The general rule is, of course, that terms in the claim are to be given
their ordinary and accustomed meaning.”). Although an applicant may be his own
lexicographer, Markman v. Westview Instruments, Inc., 52 F.3d 967, 980,
34 USPQ2d 1321, 1330 (Fed. Cir. 1995) (en banc), aff’d, 517 U.S. 370
[38 USPQ2d 1461] (1996), nothing in the specification defines the phrase “speech
user agent” differently from its ordinary meaning.
Cheung's motion (at 16) relies on the definition of "chamber" as "[a]n enclosed space or
compartment: CAVITY." Webster8 (CX 2008). The reply additionally cites (at 4, ¶ 5) the
definition of "enclose" as "[t]o surround on all sides." Webster 370 (CX 2023). Although some
of the language in the motion appears to equate "chamber" with a sealed enclosure,9 Cheung's
counsel explained at oral hearing that the term "chamber" in and of itself does not imply a sealed
enclosure. This information was provided when counsel was asked whether the terms "spin-
rinse-dry (SRD) chamber" in Cheung's claim 1 and "spin-rinse-dry chamber" in Cheung's
claim 13 should be understood as requiring that the spin-rinse-dry apparatus depicted in Cheung's
Figure 5 (reproduced below) include a cover, which is not shown in the figure but is described as
8 The page number for this definition does not appear in the exhibit.
9 Specifically, the motion, citing paragraph 11 of Dr. Geffken's declaration (CX 2009),
argues:
In semiconductor substrate processing apparatus, chambers are typically used
when the particular process requires a controlled gaseous environment, e.g.,
sputtering deposition and chemical vapor deposition. . . . [F]or anneal
temperatures in the range of 250 °C - 400°C, the oxidation rates of Cu are
substantial, and therefore strict control of the gaseous environment is required.
Annealing in temperature ranges of 250°C - 400 °C requires a chamber to provide
a controlled gaseous environment. (Cheung Exh. 209, ¶11).
Motion 2, at 5, ¶ 7 (emphasis added).
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