CHEUNG et al vs. RITZDORF et al - Page 16




                Interference No. 105,113                                                                                                      

                gas environment are both consistent with the ordinary definitions of "anneal" and "chamber"                                   
                arrived at above.  The same is true of his sentence (d) assertion that the annealing of gold and                              
                other noble metals do not require control of the gaseous environment and his sentence (e)                                     
                assertion that a sealed enclosure is not required when annealing copper at low temperatures for                               
                short times.  In fact, Ritzdorf's application, as noted above, contemplates annealing copper                                  
                metallizations at temperatures as low a room temperature ('613 specification at 17, ll. 18-22).                               
                The sentence (f) and (g) statements regarding the known need for an sealed enclosure when                                     
                annealing copper at 250 °C - 400 °C are irrelevant because the claims do not specify annealing at                             
                temperatures in that range.  Moreover, these temperatures exceed those contemplated by                                        
                Ritzdorf, which are temperatures of  "about 250 degrees Celsius and below" (id. at 23, ll. 8-9).                              
                         For the foregoing reasons, whether or not Dr. Geffken's testimony is entitled to                                     
                consideration we are of the view that the terms "thermal anneal chamber" and "annealing                                       
                chamber" in Ritzdorf's claims, when given their broadest reasonable interpretation consistent                                 
                with Ritzdorf's originally filed disclosure, refer to an annealing apparatus which has surrounding                            
                sides and which may or may not form a sealed enclosure.  The question before us, therefore, is                                
                whether Ritzdorf's involved '613 application describes a system including such an annealing                                   
                apparatus as well as the other claimed components.                                                                            
                         As explained in Cordis Corp. v. Medtronic AVE Inc., 339 F.3d 1352, 1364, 67 USPQ2d                                   
                1876, 1885 (Fed. Cir. 2003):                                                                                                  
                                 Paragraph 1 of section 112 of the Patent Act provides that the                                               
                         "specification shall contain a written description of the invention." To fulfill the                                 
                         written description requirement, the patent specification must describe an                                           
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