Sandhu argues that Leung’s claims are not supported, inter alia, because the specification does
not provide a written description of a process for controlling the carbon content and resistivity of
CVD films without the step of biasing the film. Thus, Sandhu argues that the original 143
Specification
does not teach any method to “reduce the carbon content” and “decrease the
resistivity” of any layer deposited by chemical vapor deposition without
including the biasing of the substrate.
Paper 69, p. 9.
C.
None of Leung’s involved claims require biasing the substrate or otherwise subjecting the
substrate to high energy ions during the post-treatment exposure to plasma in order to decrease
carbon content and resistivity. With respect to decreasing carbon and lowering resistivity, Leung’s
involved claims merely require subjecting the films to a hydrogen plasma. Thus, Claims 13 and 19
only require:
post-treating said wafer in said reactor with hydrogen gas and generating
plasma to reduce the carbon content of said layer and thereby decrease the
resistivity of said layer.
Leung’s Claims 20 and 26 similarly require only:
post-treating said wafer in said reactor with hydrogen gas and generating
plasma to reduce the carbon content of said metal nitride and thereby decrease
the resistivity of said layer.
Looking at the entirety of the original 143 Specification, we find, for the reasons detailed
below, that the invention described in the 143 Specification requires the use of high energy ions as
part of the disclosed process for improving the properties of CVD films. The 143 Specification does
not describe a process for decreasing resistivity and the carbon content of CVD films without
bombarding the film with high energy ions. The 143 Specification does not convey possession of
an invention to improve resistivity and decrease carbon content which does not employ bombardment
with high energy ions. None of Leung’s involved claims require the use of high energy ions. Thus,
when Claims 13, 19, 20 and 26 were added by preliminary amendment to provoke an interference,
the scope of the Leung invention was broadened beyond the invention described in the original 143
Specification and added prohibited new matter to the 143 Specification. Claims 13, 19, 20 and 26
are unpatentable under 35 U.S.C. § 112, ¶ 1, for failing to be supported by a written description.
-25-
Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: November 3, 2007