Appeal No. 2004-0999
Application No. 09/997,086
from its ordinary meaning. Texas Digital Systems, Inc. v.
Telegenix, Inc., 308 F.3d 1193, 1204, 64 USPQ2d 1812, 1819 (Fed.
Cir. 2002).
Upon our review of Appellants' specification, we find that
Appellants have met the burden to overcome the presumption of
customary and ordinary meaning of the term "an interconnect
layer." Therefore, in determining the scope of Appellants'
claims, we will adopt Appellants' specialized definition of the
term "an interconnect layer" as "alternating layers of dielectric
material and patterned electrically conductive material."
We note that all of the independent claims 1, 9, and 15
require forming at least one trench through an interconnect
layer. Therefore, the question before us is whether Mori
teaches this limitation as specifically defined. The Examiner
points out that Mori's Fig. 6A teaches at least one trench in
layers of silicon nitride and silicon oxide. See page 5 of the
answer. We find that Mori's Fig. 6B shows the trench 14,
however, the trench 14 is in layer of silicon substrate 1.
Thus, the trench 14 is not in the interconnect layer as
specifically defined. Similarly, Fig. 1K of Mori shows a
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