the person of ordinary skill in the art that the inventive contribution was simply the use of a friction
enhancing coating.
Similarly, Leung’s “copied” claims are generic in that they do not require bombarding CVD
films with high energy ions or subjecting films to a biased plasma. Like Curtis’ parent application,
the written description of the 143 Specification does not convey possession of a generic invention.
The 143 Specification does not convey any other way to reduce resistivity other than treatment with
a plasma and high energy ions.
E.
Leung asserts that the doctrine of inherency is applicable. Paper 85, pp. 19-22. In particular
Leung argues:
Since both Sandhu and Leung teach identical processes, the mechanism by
which the carbon is removed from the respective films cannot be different.
Thus, the doctrine of inherency should apply because the Leung teachings
inevitably lead to the Sandhu subject matter.
Paper 85, p. 20.
We do not agree that the parties describe identical processes as argued by Leung. Sandhu’s
specification does not describe bombarding CVD films with high energy ions from a voltage biased
plasma. On the other hand the 143 Specification repeatedly emphasizes the importance of
bombardment by high energy ions obtained from a voltage biased plasma. The only description in
the 143 Specification of a process which uses a plasma to post-treat CVD films but does not employ
bombardment with high energy ions are the comparative examples C5 and C6. Application
09/128,143, Specification, p. 11, Table II. These two examples report resistivities of 13,500 and
15,500 :ohm-cm well above the order of 1000 :ohm-cm the 143 Specification says to be desirable
for use as barrier layer films and above the value the 143 Specification says it is unacceptable for that
purpose. Application 09/128,143, Specification, p. 7, ll. 13-19. The 143 Specification specifically
acknowledges that “none of these pre- and post-treatments had much effect on the sheet resistivity.”
Application 09/128,143, Specification, p. 11, ll. 19-20. Additionally, the 143 Specification is totally
silent as to the effect the C5 and C6 processes had on the carbon content.
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