F 126. The original 143 Specification does not describe reducing the carbon content of CVD films.
F 127. The original 143 Specification does not describe reducing resistivity of CVD films by treating
with a hydrogen plasma.
F 128. The original 143 Specification does not describe reducing carbon content of CVD films by
post-treating with a hydrogen plasma.
F 129. The original 143 Specification does not describe increasing the resistive stability of CVD
films by post-treating with a hydrogen plasma.
ANALYSIS
Sandhu Preliminary Motion 2
Sandhu’s Preliminary Motion 2 seeks a judgment that Leung’s involved claims are
unpatentable under 35 U.S.C. § 112, ¶ 1. Sandhu argues that Leung’s involved claims, which were
added to the Leung application to provoke an interference with Sandhu’s patent, are not supported
by Leung’s original disclosure. In particular, Sandhu argues that Leung’s original specification
provides neither a written description nor an enabling disclosure of Leung’s involved claims. We
grant the motion with respect to written description and deny it with respect to enabling disclosure..
The Content of the Original 143 Specification
In addition to the original specification and drawings, two other papers, filed as part of the
original 143 Application papers, potentially affect the content of Leung’s disclosure: (1) the
transmittal or cover letter titled Patent Application which was apparently submitted with Leung’s
original 143 Application papers and (2) the preliminary amendment (Application 09/128,143, Paper
4). Both papers purport to incorporate by reference additional subject matter from the parent
applications. We do not have to consider either the propriety of the incorporation by reference or
whatever additional disclosure may be present in those applications. Leung has specifically
disclaimed reliance on any additional subject matter present in those applications to support the
involved claims. Paper 104, p. 15.
Written Description
A.
The general test for determining whether later claimed subject matter is supported by a written
description is whether the disclosure of the application “reasonably conveys to a person skilled in the
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