Ex Parte Mulligan et al - Page 10



          Appeal No. 2004-0999                                                        
          Application No. 09/997,086                                                  

          See page 12 of the brief.  More importantly, Appellants argue               
          that Appellants' specification has defined the term                         
          "interconnect layer" different from the ordinary meaning.                   
          Appellants emphasize on page 12 of the brief:                               
               The present specification states, in total, at page 6, line            
          10-15:                                                                      
                    The interconnect layer 108 is generally                           
                    alternating layers 112 of dielectric                              
                    material, including but not limited to                            
                    silicon dioxide, silicon nitride, epoxy                           
                    resin, polyimide, bisbenzocyclobutene,                            
                    fluorinated silicon dioxide, carbon-doped                         
                    silicon dioxide, silicon carbide, various                         
                    polymeric dielectric materials (such as SiLK                      
                    available for Dow Chemical, Midland, MI), and                     
                    the like, and patterned electrically                              
                    conductive material, including copper,                            
                    aluminum, silver, titanium, alloys thereof,                       
                    and the like.  (Emphasis added)                                   

               Clearly, the Appellants have defined an interconnect layer as          
          alternating layers of dielectric material and patterned                     
          electrically conductive material.                                           
               We agree that Appellants are entitled to be their own                  
          lexicographer.  Our reviewing Court has stated that the                     
          presumption in favor of a dictionary definition will be overcome            
          where the patentee, acting as his or her own lexicographer, has             
          clearly set forth an explicit definition of the term different              
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