Appeal No. 2004-2148
Application No. 09/362,397
reasonable interpretation consistent with the specification, and the claim
language is to be read in view of the specification as it would be
interpreted by one of ordinary skill in the art. In re Morris, 127 F.3d 1048,
1053-54, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321,
13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548, 218
USPQ 385, 388 (Fed. Cir. 1983); In re Okuzawa, 537 F.2d 545, 548, 190 USPQ
464, 466 (CCPA 1976). We note that independent claims 91 and 92
materials identified by the formula SivNw and SivNwHu respectively. However,
the balance of each claim fails to provide a definition of the variable
contained in the formula.2 For purposes of appeal, we will interpret the
variables of the formula to be at least a positive integer. This interpretation
appears to be consistent with the discussion of the silicon materials
described in the specification beginning on page 11.
I.
The subject matter of claim 92 requires the depositing of an
intermediate layer comprising predominantly SivNwHu in a reactive gas
comprising N and H.
2 We note that other claims on appeal contain formula with similar
defects.
-8-
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