F 41. Sandhu argues that Leung’s involved claims do not require biasing the substrate and the
specification neither describes nor enables a process which reduces carbon and resistivity
which does not also bias the substrate. Paper 69, p. 8.
F 42. In Sandhu’s view, the 143 Specification describes biasing the substrate as a required, essential
or necessary part of Leung’s inventive contribution and that claims which do not include
biasing are neither enabled nor supported by a written description. Paper 69, pp. 9-11, 14-16
and 23.
F 43. For example, Sandhu argues that
the <143 application provides no support for the Leung claim limitations, and
in fact reinforces the requirement of using a “power treatment” with the
plasma to bias the substrate, a feature not included in the claims.
Paper 69, p. 15, emphasis original.
F 44. Sandhu also notes that the involved claims were added to the 143 Application by a
preliminary amendment which is not part of the original 143 Specification as filed and can
not be relied upon to avoid the introduction of new matter. Paper 69, p. 4.
F 45. Sandhu relies on specific portions of the specification and the declaration testimony of Irina
Vasilyeva (submitted as Sandhu Exhibit 1015) to support both the lack of written description
and the enablement arguments. Paper 69, p. 4.
The Vasilyeva Affidavit
F 46. Vasilyeva testifies that based upon her background she is knowledgeable as to what a person
of ordinary skill in the art would know relating to semiconductor processing. SX 1015,
pp. 5-6, ¶ 5.
F 47. Vasilyeva testifies that from the period 14 November 1994 to the present controlling the
composition and resistivity of deposited films was “highly unpredictable.” SX 1015, p. 7,
¶ 10.
F 48. Vasilyeva specifically testifies:
10. During the period from November 14, 1994, to the present, the field of
semiconductor processing science, especially as it relates to the practice of
chemical reactions used in semiconductor manufacturing processes to obtain
specific results such as controlling the elemental composition of deposited
films, or controlling the resistivity of such films, has been a highly
unpredictable science, and is understood as such by those of ordinary skill in
-10-
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007