`Revised Petition for Inter Partes Review
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`DOCKET NO.: 0107131-00272US1
`Filed on behalf of Intel Corporation
`By: Richard Goldenberg, Reg. No. 38,895
`David L. Cavanaugh, Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Richard.Goldenberg@wilmerhale.com
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` David.Cavanaugh@wilmerhale.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
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`INTEL CORPORATION
`Petitioner
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`v.
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`ZOND, INC.
`Patent Owner
`
`Case IPR2014-00443
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`
`REVISED PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 7,147,759
`CHALLENGING CLAIMS 1, 4, 10-12, 17, 18 and 44
`UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`TABLE OF CONTENTS
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`I. Mandatory Notices ............................................................................................. 1
`A. Real Party-in-Interest .................................................................................... 1
`B. Related Matters .............................................................................................. 1
`C. Counsel .......................................................................................................... 1
`D. Service Information ....................................................................................... 1
`II. Certification of Grounds for Standing ............................................................... 2
`III. Overview of Challenge and Relief Requested ................................................. 2
`A. Prior Art Patents and Printed Publications .................................................... 2
`B. Grounds for Challenge .................................................................................. 4
`IV. Brief Description of Technology ...................................................................... 4
`A. Plasma ............................................................................................................ 4
`B.
`Ions and Excited Atoms ................................................................................ 5
`V. Overview of the ‘759 Patent .............................................................................. 7
`A. Summary of Alleged Invention of the ’759 Patent ....................................... 7
`B. Prosecution History ....................................................................................... 7
`1. The Patent Owner mischaracterized the prior art Mozgrin reference ........ 7
`2. Adding the “without forming an arc” limitation resulted in allowance ..... 8
`VI. Overview of the Primary Prior Art References ................................................ 9
`A. Summary of the Prior Art .............................................................................. 9
`B. Overview of Mozgrin .................................................................................... 9
`1. Summary .................................................................................................... 9
`2. Mozgrin teaches avoiding arcs ................................................................. 11
`C. Overview of Kudryavtsev ........................................................................... 13
`D. Overview of Wang ...................................................................................... 14
`VII. Claim construction ...................................................................................... 15
`A.
`“weakly-ionized plasma” and “strongly-ionized plasma” .......................... 16
`B.
`“multi-step ionization process” ................................................................... 17
`VIII. Specific Grounds for Petition ...................................................................... 18
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`A. Ground I: Claims 1, 10 and 18 are obvious in view of the combination of
`Mozgrin and Kudryavtsev .................................................................................... 19
`1.
`Independent claim 1 ................................................................................. 19
`2. Dependent claim 10 is obvious in view of the combination of Mozgrin
`and Kudryavtsev .............................................................................................. 31
`B. Ground II: Claims 4 and 44 are obvious in view of the combination of
`Mozgrin, Kudryavtsev, and the Mozgrin Thesis ................................................. 33
`C. Ground III: Dependent claims 10-12 are obvious in view of the
`combination of Mozgrin, Kudryavtsev and Li ..................................................... 37
`D. Ground IV: Dependent claim 17 is obvious in view of the combination of
`Mozgrin, Kudryavtsev and Muller-Horsche ........................................................ 40
`E. Ground V: Claims 1, 4, 10 and 12 are obvious in view of the combination
`of Wang and Kudryavtsev ................................................................................... 41
`1.
`Independent claim 1 ................................................................................. 42
`2. Dependent claims 4, 10 and 12 are obvious in view of the combination of
`Wang and Kudryavtsev .................................................................................... 51
`F. Ground VI: Dependent claim 11 is obvious in view of the combination of
`Wang, Kudryavtsev and Li .................................................................................. 54
`G. Ground VII: Dependent claim 17 is obvious in view of the combination of
`Wang, Kudryavtsev and Muller-Horsche ............................................................ 54
`H. Ground VIII: Dependent claim 18 is obvious in view of the combination of
`Wang, Kudryavtsev and Kobayashi ..................................................................... 55
`I. Ground IX: Dependent claim 44 is obvious in view of the combination of
`Wang, Kudryavtsev, and the Mozgrin Thesis ...................................................... 56
`IX. Conclusion ...................................................................................................... 60
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`TABLE OF AUTHORITIES
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`In re ICON Health & Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007).
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`37 C.F.R. §42.22(a)(1)
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`37 C.F.R. § 42.100(b)
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`37 C.F.R. §42.104(a)
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`37 C.F.R. §42.104(b)(1)-(5)
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`77 Fed. Reg. 48764 (Aug. 14, 2012).
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
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`I. MANDATORY NOTICES
`A. Real Party-in-Interest
`Intel Corporation (“Petitioner”) is the real party-in-interest.
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`B. Related Matters
`Zond has asserted U.S. Patent No. 7,147,759 (“’759 Patent”) (Ex. 1001)
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`against numerous parties in the District of Massachusetts, 1:13-cv-11570-RGS
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`(Zond v. Intel); 1:13-cv-11577-DPW (Zond v. AMD, Inc., et al); 1:13-cv-11581-
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`DJC (Zond v. Toshiba Am. Elec. Comp. Inc.); 1:13-cv-11591-RGS (Zond v. SK
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`Hynix, Inc.); 1:13-cv-11625-NMG (Zond v. Renesas Elec. Corp.) ; 1:13-cv-11634-
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`WGY (Zond v. Fujitsu, et al.); and 1:13-cv-11567-DJC (Zond v. Gillette, Co.) (Ex.
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`1034). Petitioner is also filing additional Petitions for Inter Partes review in
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`several patents related1 to the ’759 Patent.
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`C. Counsel
`Lead Counsel: Richard Goldenberg (Registration No. 38,895)
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`Backup Counsel: David L. Cavanaugh (Registration No. 36,476)
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`Service Information
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`D.
`E-mail:
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`David.Cavanaugh@wilmerhale.com;
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`Richard.Goldenberg@wilmerhale.com
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`Post and hand delivery: Wilmer, Cutler, Pickering, Hale and Dorr, LLP
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`1 The related patents, e.g., name the same alleged inventor.
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`1875 Pennsylvania Ave., NW
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`Washington, DC 20006
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`Telephone: 202-663-6000
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`Fax: 202-663-6363
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`II. CERTIFICATION OF GROUNDS FOR STANDING
`Petitioner certifies pursuant to Rule 42.104(a) that the patent for which
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`review is sought is available for inter partes review and that Petitioner is not
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`barred or estopped from requesting an inter partes review challenging the patent
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`claims on the grounds identified in this Petition.
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`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED
`Pursuant to Rules 42.22(a)(1) and 42.104(b)(1)-(2), Petitioner challenges
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`claims 1, 4, 10-12, 17, 18 and 44 of the ’759 Patent.
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`Prior Art Patents and Printed Publications
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`A.
`The following references are pertinent to the grounds of unpatentability
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`explained below: 2
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`1.
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`D.V. Mozgrin, et al, High-Current Low-Pressure Quasi-Stationary
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`Discharge in a Magnetic Field: Experimental Research, Plasma Physics Reports,
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`2 The ’759 Patent issued prior to the America Invents Act (the “AIA”).
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`Accordingly, Petitioner has used the pre-AIA statutory framework to refer to the
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`prior art.
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`2
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`Vol. 21, No. 5, pp. 400-409, 1995 (“Mozgrin” (Ex. 1003)), which is prior art under
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`102(b).
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`2.
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`A. A. Kudryavtsev and V.N. Skerbov, Ionization relaxation in a plasma
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`produced by a pulsed inert-gas discharge, Sov. Phys. Tech. Phys. 28(1), pp. 30-35,
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`January 1983 (“Kudryavtsev” (Ex. 1004)), which is prior art under 102(b).
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`3.
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`U.S. Pat. No. 6,413,382 (“Wang” (Ex. 1005)), which is prior art under
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`102(a) and (e).
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`4. D.V. Mozgrin, High-Current Low-Pressure Quasi-Stationary Discharge in a
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`Magnetic Field: Experimental Research, Thesis at Moscow Engineering Physics
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`Institute, 1994 (“Mozgrin Thesis” (Ex. 1017)), which is prior art under 102(b).
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`Exhibit 1017 is a certified English translation of the original Mozgrin
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`Thesis,attached as Exhibit 1018. A copy of the catalogue entry for the Mozgrin
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`Thesis at the Russian State Library is attached as Exhibit 1019.
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`5.
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`Li et al, Low-temperature magnetron sputter-deposition, hardness, and
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`electrical resistivity of amorphous and crystalline alumina thin films, J. Vac. Sci.
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`Technol. A 18(5), pp. 2333-38, 2000 (“Li” (Ex. 1020)), which is prior art under
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`102(b).
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`6.
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`U.S. Pat. No. 5,247,531 (“Muller-Horsche” (Ex. 1021)) , which is prior art
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`under 102(b).
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`3
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`U.S. Pat. No. 5,968,327 (“Kobayashi” (Ex. 1022)), which is prior art under
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`7.
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`102(b).
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`B. Grounds for Challenge
`Petitioner requests cancellation of claims 1, 4, 10-12, 17, 18 and 44 of the
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`’759 Patent as unpatentable under 35 U.S.C. §103. This Petition, supported by the
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`declaration of Dr. Uwe Kortshagen (“Kortshagen Decl.” (Ex. 1002)) filed
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`herewith, demonstrates that there is a reasonable likelihood that Petitioner will
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`prevail with respect to at least one challenged claim and that each challenged claim
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`is not patentable.3 See 35 U.S.C. § 314(a).
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`IV. BRIEF DESCRIPTION OF TECHNOLOGY
`A.
`Plasma
`A plasma is a collection of ions, free electrons, and neutral atoms.
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`Kortshagen Decl. ¶ 21 (Ex. 1002). The negatively charged free electrons and
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`positively charged ions are present in roughly equal numbers such that the plasma
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`3 The term “challenged claims” as used herein refers to claims 1, 4, 10-12, 17, 18
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`and 44 of the ‘759 Patent. Petitioner seeks to invalidate remaining claims of the
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`‘759 Patent in separate petitions.
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`4
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`as a whole has no overall electrical charge. The “density” of a plasma refers to the
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`number of ions or electrons that are present in a unit volume. Id.4
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`Plasmas had been used in research and industrial applications for decades
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`before the ‘759 patent was filed. Kortshagen Decl. ¶ 22 (Ex. 1002). For example,
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`sputtering is an industrial process that uses plasmas to deposit a thin film of a
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`target material onto a surface called a substrate (e.g., silicon wafer during a
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`semiconductor manufacturing operation). Id. Ions in the plasma strike a target
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`surface causing ejection of a small amount of target material. Id.The ejected target
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`material then forms a film on the substrate. Id.
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`Under certain conditions, electrical arcing can occur during sputtering.
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`Kortshagen Decl. ¶ 23 (Ex. 1002). Arcing is undesirable because it causes
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`explosive release of droplets from the target that can splatter on the substrate. Id.
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`The need to avoid arcing while sputtering was known long before the ‘759 patent
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`was filed. Id.
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`B.
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`Ions and Excited Atoms
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`4 The term “plasma density” and “electron density” are often used interchangeably
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`because the negatively charged free electrons and positively charged ions are
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`present in roughly equal numbers in plasmas that do not contain negatively
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`charged ions or clusters. Kortshagen Decl. ¶ 21, FN 1 (Ex. 1002).
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`5
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`Atoms have equal numbers of protons and electrons. Kortshagen Decl. ¶ 24
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`(Ex. 1002). Each electron has an associated energy state. Id. If all of an atom’s
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`electrons are at their lowest possible energy state, the atom is said to be in the
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`“ground state.” Id.
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`On the other hand, if one or more of an atom’s electrons is in a state that is
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`higher than its lowest possible state, then the atom is said to be an “excited atom.”
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`Kortshagen Decl. ¶ 25 (Ex. 1002). Excited atoms are electrically neutral– they
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`have equal numbers of electrons and protons. Id. A collision with a free electron
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`(e-) can convert a ground state atom to an excited atom. Id. For example, the ‘759
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`Patent uses the following equation to describe production of an excited argon atom,
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`Ar*, from a ground state argon atom, Ar. See ‘759 Patent at 9:40 (Ex. 1001).
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`Ar + e- Ar* + e-
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`An ion is an atom that has become disassociated from one or more of its
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`electrons. Kortshagen Decl. ¶ 26 (Ex. 1002). A collision between a free, high
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`energy, electron and a ground state or excited atom can create an ion. Id. For
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`example, the ‘759 Patent uses the following equations to describe production of an
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`argon ion, Ar+, from a ground state argon atom, Ar, or an excited argon atom, Ar*.
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`See ‘759 Patent at 3:58 and 9:42 (Ex. 1001).
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`Ar + e- Ar+ + 2e-
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`Ar* + e- Ar+ + 2e-
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`6
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`The production of excited atoms and ions was well understood long before
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`the ‘759 patent was filed. Kortshagen Decl. ¶ 27 (Ex. 1002).
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`V. OVERVIEW OF THE ‘759 PATENT
`A.
`Summary of Alleged Invention of the ’759 Patent
`The ’759 Patent describes a two-stage sputtering technique in which a so
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`called strongly-ionized plasma is generated from a weakly-ionized plasma in a
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`manner that avoids arcing.
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`More specifically, the claims of the ’759 Patent are directed to an ionization
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`source that generates a weakly-ionized plasma from a feed gas. A power supply
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`then applies a specific, high-voltage pulse to the weakly-ionized plasma to
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`generate a strongly-ionized plasma. The voltage pulse induces a “multi-step
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`ionization process” in which ground state atoms transition to an excited state
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`before becoming ionized. The strongly-ionized plasma is generated “without
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`forming an arc discharge.” Kortshagen Decl. ¶ 29 (Ex. 1002).
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`B.
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`Prosecution History
`1.
`The Patent Owner mischaracterized the prior art Mozgrin
`reference
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`During prosecution, the Patent Owner asserted that Mozgrin failed to teach
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`the “without forming an arc discharge” limitation. However, that assertion is
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`incorrect. Kortshagen Decl. ¶ 30 (Ex. 1002). Mozgrin teaches all limitations of
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`the challenged claims – including “without forming an arc discharge.” Id.
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`7
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`Mozgrin discusses arcs but does so in the context of providing a recipe for
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`avoiding them. Id.
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`2.
`Adding the “without forming an arc” limitation resulted in
`allowance
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`Before the Patent Owner narrowed the claims to require “without forming an
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`arc discharge,” it unsuccessfully argued, three separate times, that other limitations
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`such as “multi-step ionization” made the claims allowable over Mozgrin. 06/14/04
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`Response at 12 (Ex. 1007); 02/24/05 Response at 15 (Ex. 1009); and 10/27/05
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`RCE at 14 (Ex. 1011). The Examiner was not persuaded by those arguments,
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`correctly noted that Mozgrin teaches multi-step ionization, and consistently
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`rejected the claims over Mozgrin even after they had been amended to require
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`“multi-step ionization.” 01/11/06 Office Action at 12 (“…Mozgrin does teach a
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`power supply that generates a pulse that allows the plasma to go through a multi-
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`step ionization.” (emphasis added)) (Ex. 1012). See also 08/30/04 Office Action
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`(Ex. 1008) and 05/27/05 Office Action (Ex. 1010).
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`In an amendment dated May 2, 2006, although the Patent Owner repeated its
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`previously unsuccessful multi-step ionization argument, the only substantive
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`difference was addition of the limitation “without forming an arc discharge,” and
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`the argument that Mozgrin did not teach that limitation. 05/02/06 Resp. at 2, 5, 7
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`8
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`and 13-16 (Ex. 1013). After that amendment and argument, the Examiner allowed
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`the claims which are now challenged. 5 10/11/2006 Allowance at 2-3 (Ex. 1015).
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`However, as will be explained in detail below, and contrary to the Patent
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`Owner’s argument, Mozgrin’s provides a recipe for avoiding arcing. Kortshagen
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`Decl. ¶ 33 (Ex. 1002).
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`VI. OVERVIEW OF THE PRIMARY PRIOR ART REFERENCES
`A.
`Summary of the Prior Art
`As explained in detail below, limitation-by-limitation, there is nothing new
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`or non-obvious in the challenged claims of the ‘759 Patent. Kortshagen Decl. ¶ 34
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`(Ex. 1002).
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`B. Overview of Mozgrin6
`Mozgrin teaches forming a plasma “without forming an arc discharge.”
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`1.
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`Summary
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`Fig 7. of Mozgrin, copied below, shows the current-voltage characteristic
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`(“CVC”) of a plasma discharge.
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`5 After “without forming an arc discharge” was added to the claims, the only
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`remaining rejection, double patenting, was addressed by a terminal disclaimer.
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`08/28/2006 Response at 2-3 (Ex. 1014).
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`6 As noted in the prosecution history section, the Patent Office used Mozgrin to
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`reject claims that eventually issued in the’759 Patent.
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`9
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
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`As shown, Mozgrin divides this CVC into four distinct regions.
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`Mozgrin calls region 1 “pre-ionization.” Mozgrin at 402, right col, ¶ 2 (“Part
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`1 in the voltage oscillogram represents the voltage of the stationary discharge (pre-
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`ionization stage).” (emphasis added)) (Ex. 1003). Kortshagen Decl. ¶ 38 (Ex.
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`1002).
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`Mozgrin calls region 2 “high current magnetron discharge.” Mozgrin at 409,
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`left col, ¶ 4 (“The implementation of the high-current magnetron discharge
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`(regime 2)…” (emphasis added)) (Ex. 1003). Kortshagen Decl. ¶ 39 (Ex. 1002).
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`Application of a high voltage to the pre-ionized plasma causes the transition from
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`region 1 to 2. Id. Mozgrin teaches that region 2 is useful for sputtering. Mozgrin
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`at 403, right col, ¶ 4 (“Regime 2 was characterized by an intense cathode
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`sputtering…”) (Ex. 1003).
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`Mozgrin calls region 3 “high current diffuse discharge.” Mozgrin at 409, left
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`col, ¶ 5, (“The high-current diffuse discharge (regime 3)…” (emphasis added))
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`(Ex. 1003). Kortshagen Decl. ¶ 40 (Ex. 1002). Increasing the current applied to
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`10
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`the “high-current magnetron discharge” (region 2) causes the plasma to transition
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`to region 3. Id. Mozgrin also teaches that region 3 is useful for etching, i.e.,
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`removing material from a surface. Mozgrin at 409, left col, ¶ 5 (“The high-current
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`diffuse discharge (regime 3) is useful … Hence, it can enhance the efficiency of
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`ionic etching…”) (Ex. 1003). See also Id.
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`Mozgrin calls region 4 “arc discharge.” Mozgrin at 402, right col, ¶ 3
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`(“…part 4 corresponds to the high-current low-voltage arc discharge…”
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`(emphasis added)) (Ex. 1003). Kortshagen Decl. ¶ 41 (Ex. 1002). Further
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`increasing the applied current causes the plasma to transition from region 3 to the
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`“arc discharge” region 4. Id.
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`Within its broad disclosure of a range of issues related to sputtering and
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`etching, Mozgrin describes arcing and how to avoid it. Kortshagen Decl. ¶ 42 (Ex.
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`1002).
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`2. Mozgrin teaches avoiding arcs
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`As shown in Mozgrin’s Fig. 7 (copied above), if voltage is steadily applied,
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`and current is allowed to grow, the plasma will eventually transition to the arc
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`discharge (Mozgrin’s region 4). However, if the current is limited, the plasma
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`will remain in the arc-free regions 2 (sputtering) or 3 (etching). Kortshagen
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`Decl. ¶ 43 (Ex. 1002).
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`11
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`Mozgrin is an academic paper and it explores all regions, including the arc
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`discharge region, so as to fully characterize the plasma. But Mozgrin’s discussion
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`of arcing does not mean that arcing is inevitable. Rather, Mozgrin’s explanation
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`of the conditions under which arcing occurs provides a recipe for avoiding arcs.
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`Kortshagen Decl. ¶ 44 (Ex. 1002). Mozgrin explicitly notes that arcs can be
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`avoided. See Mozgrin at 400, left col, ¶ 3 (“Some experiments on magnetron
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`systems of various geometry showed that discharge regimes which do not transit
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`to arcs can be obtained even at high currents.”) (emphasis added) (Ex. 1003). One
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`of ordinary skill would understand that the arc discharge region should be avoided
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`during an industrial application, such as sputtering. Kortshagen Decl. ¶ 44 (Ex.
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`1002). For example, Plasma Etching: An Introduction, by Manos and Flamm,
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`(“Manos”), a well-known textbook on plasma processing, which was published in
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`1989, over a decade before the ‘759 Patent was filed, states that “…arcs… are a
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`problem…” Manos at 231 (emphasis added) (Ex. 1006).
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`One of ordinary skill would further understand that Mozgrin’s arc region can
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`be avoided by limiting the current as shown in Mozgrin’s Fig. 7. See, e.g.,
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`Mozgrin at 400, right col, ¶ 1 (“A further increase in the discharge currents caused
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`the discharges to transit to the arc regimes…”); 404, left col, ¶ 4 (“The parameters
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`of the shaped-electrode discharge transit to regime 3, as well as the condition of its
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`transit to arc regime 4, could be well determined for every given set of the
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`12
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`discharge parameters.”); and 406, right col, ¶ 3 (“Moreover, pre-ionization was not
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`necessary; however, in this case, the probability of discharge transferring to the arc
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`mode increased.”) (Ex. 1003). See also Kortshagen Decl. ¶ 45 (Ex. 1002).
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`Mozgrin’s determination of conditions that cause transition to the arc regime
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`is useful because it teaches one of ordinary skill how to avoid arcs. Kortshagen
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`Decl. ¶ 46 (Ex. 1002).
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`C. Overview of Kudryavtsev
`Kudryavtsev is a technical paper that studies the ionization of a plasma with
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`voltage pulses. See, e.g., Kudryavtsev at 30, left col. ¶ 1 (Ex. 1004). In particular,
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`Kudryavtsev describes how ionization of a plasma can occur via different
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`processes. The first process is direct ionization, in which ground state atoms are
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`converted directly to ions. See, e.g., Kudryavtsev at Fig. 6 caption (Ex. 1004).
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`The second process is multi-step ionization, which Kudryavtsev calls stepwise
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`ionization. See, e.g., Kudryavtsev at Fig. 6 caption (Ex. 1004). Kudryavtsev notes
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`that under certain conditions multi-step ionization can be the dominant ionization
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`process. See, e.g., Kudryavtsev at Fig. 6 caption (Ex. 1004). Mozgrin took into
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`account the teachings of Kudryavtsev when designing his experiments. Mozgrin at
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`401, ¶ spanning left and right cols. (“Designing the unit, we took into account the
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`dependences which had been obtained in [Kudryavtsev]…”) (Ex. 1003). See also
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`Kortshagen Decl. ¶ 47 (Ex. 1002).
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`Kudryavtsev was not of record during the prosecution of the ’759 Patent.
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`D. Overview of Wang7
`Wang discloses a pulsed magnetron sputtering device having an anode (24),
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`a cathode (14), a magnet assembly (40), a DC power supply (100) (shown in Fig.
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`7), and a pulsed DC power supply (80). See Wang at Figs. 1, 7, 3:57-4:55; 7:56-
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`8:12 (Ex. 1005). Fig. 6 (annotated and reproduced below) shows a graph of the
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`power Wang applies to the plasma. The lower power level, PB, is generated by the
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`DC power supply 100 (shown in Fig. 7) and the higher power level, PP, is
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`generated by the pulsed power supply 80. See Wang 7:56-64 (Ex. 1005); see also
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`Kortshagen Decl. ¶ 49 (Ex. 1002). Wang’s lower power level, PB, maintains the
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`plasma after ignition and application of the higher power level, PP, raises the
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`density of the plasma. Wang at 7:17-31 (“The background power level, PB, is
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`chosen to exceed the minimum power necessary to support a plasma... [T]he
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`application of the high peak power, PP, quickly causes the already existing plasma
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`to spread and increases the density of the plasma.”) (Ex. 1005). Id. Wang applies
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`the teachings of Mozgrin and Kudryavtsev in a commercial, industrial plasma
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`sputtering device. Id.
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`7 Wang is art of record, but was not substantively applied during prosecution.
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`14
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`
`
`
`VII. CLAIM CONSTRUCTION
`A claim in inter partes review is given the “broadest reasonable construction
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`in light of the specification.” 37 C.F.R. § 42.100(b). Any claim term that lacks a
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`definition in the specification is therefore also given a broad interpretation.8 In re
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`ICON Health & Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007). The
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`following discussion proposes constructions of and support therefore of those
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`terms. Any claim terms not included in the following discussion are to be given
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`their broadest reasonable interpretation in light of the specification as commonly
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`understood by those of ordinary skill in the art. Moreover, should the Patent
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`Owner, in order to avoid the prior art, contend that the claim has a construction
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`8 Petitioner adopts the “broadest reasonable construction” standard as required by
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`the governing regulations. 37 C.F.R. § 42.100(b). Petitioner reserves the right to
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`pursue different constructions in a district court, where a different standard is
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`applicable.
`
`15
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`different from its broadest reasonable interpretation, the appropriate course is for
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`the Patent Owner to seek to amend the claim to expressly correspond to its
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`contentions in this proceeding. See 77 Fed. Reg. 48764 (Aug. 14, 2012).
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`“weakly-ionized plasma” and “strongly-ionized plasma”
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`A.
`The challenged claims recite “weakly-ionized plasma” and “strongly-ionized
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`plasma.” These terms relate to the density of the plasma, i.e., a weakly-ionized
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`plasma has a lower density than a strongly-ionized plasma. Kortshagen Decl. ¶ 51
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`(Ex. 1002). With reference to Fig. 4, the ‘759 Patent describes forming a weakly-
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`ionized plasma between times t1 and t2 by application of the low power 302 and
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`then goes on to describe forming a strongly-ionized plasma by application of
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`higher power 304. ‘759 Patent at 10:22-29; 10:66-11:4 (Ex. 1001). The ‘759
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`Patent also provides exemplary densities for the weakly-ionized and strongly-
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`ionized plasmas. See ‘759 Patent at claim 32 (“wherein the peak plasma density of
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`the weakly-ionized plasma is less than about 1012 cm˗3”); claim 33 (“wherein the
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`peak plasma density of the strongly-ionized plasma is greater than about
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`1012 cm˗3”) (Ex. 1001).
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`Thus, the proposed construction for “weakly-ionized plasma” is “a lower
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`density plasma.” Likewise, the proposed construction for “strongly-ionized
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`plasma” is “a higher density plasma.”
`
`16
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`
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`Petitioner’s proposed construction is consistent with the position the Patent
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`Owner has taken in other jurisdictions. For example, the Patent Owner, when
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`faced with a clarity objection during prosecution of a related European patent
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`application, argued that “it is [sic] would be entirely clear to the skilled man, not
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`just in view of the description, that a reference to a ‘weakly-ionised plasma’ in the
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`claims indicates a plasma having an ionisation level lower than that of a ‘strongly-
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`ionized plasma’ and there can be no lack of clarity.” 04/21/08 Response in EP
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`1560943 (Ex. 1024).
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`“multi-step ionization process”
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`B.
`A multi-step ionization process produces ions using at least two steps: (a)
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`convert ground state atoms (or molecules) to excited atoms (or molecules); and (b)
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`convert excited atoms (or molecules) to ions. The ‘759 Patent and its file history
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`clearly describe this aspect of a “multi-step ionization process”: “[T]he term
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`‘multi-step’ ionization as used in the present application refers to an ionization
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`process that requires ground state atoms and molecules to transition from the
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`ground state to at least one intermediate excited state before being fully ionized.”
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`See 05/02/06 Resp. at 11 (Ex. 1013) (emphasis added). See also ‘759 patent at
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`9:37-51 (Ex. 1001). See also Kortshagen Decl. ¶ 54 (Ex. 1002).
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`Also, during prosecution the Patent Owner argued that multi-step ionization
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`processes must produce a statistically significant amount of ions by this two-step
`
`17
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`
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`process. 02/24/05 Resp. at 16 (Ex. 1009) (“However, the Applicant submits that
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`the ions in the [prior art] pre-ionized plasma are generated by direction ionization
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`and any ions that are generated by a multi-step ionization process will be
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`statistically insignificant.”). See also, e.g., 02/24/05 Resp. at 13, 14, 16, 17 (Ex.
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`1009); and 10/27/05 Resp. at 11, 12, 13, 15 (Ex. 1011) (emphasis added). See also
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`Kortshagen Decl. ¶ 55 (Ex. 1002).
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`The proposed construction for “multi-step ionization process” is “an
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`ionization process in which a statistically significant portion of the ions are
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`produced by exciting ground state atoms or molecules and then ionizing the
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`excited atoms or molecules.”
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`VIII. SPECIFIC GROUNDS FOR PETITION
`Pursuant to Rule 42.104(b)(4)-(5), the below sections, and as confirmed in
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`the Kortshagen Declaration (Ex. 1002), demonstrate in detail how the prior art
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`discloses each and every limitation of claims 1, 4, 10-12, 17, 18 and 44 of the ’759
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`Patent, and how those claims are rendered obvious by the prior art.
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`Claim charts, which were served on the Patent Owner on February 11, 2014
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`in connection with District Court litigation 1:13-cv-11570-RGS, showing that the
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`challenged claims are invalid based on the references relied upon in this Petition, is
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`submitted hereto as Exhibits 1025 – 1033. Dr. Kortshagen has reviewed those
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`18
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`
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`U.S. PATENT 7,147,759
`Revised Petition for Inter Partes Review
`charts and agrees with them. See Kortshagen Decl. ¶¶ 58, 59, 94, 104, 115, 120,
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`157, 161, 166, 170 (Ex. 1002).
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`A. Ground I: Claims 1, 10 and 18 are obvious in view of the
`combination of Mozgrin and Kudryavtsev
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`A claim chart showing that claims 1, 10 and 18 are obvious in view of the
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`combination of Mozgrin and Kudryavtsev, is submitted hereto as Exhibit 1025 (Ex.
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`1025).
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`1.
`
`Independent claim 1
`a)
`Claim 1 begins, “A magnetically enhanced sputtering source comprising.”
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`The preamble
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`Mozgrin discloses a sputtering source. Mozgrin 403, right col, ¶4 (“Regime 2 was
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`characterized by intense cathode sputtering…”) (emphasis added) (Ex. 1003).
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`Further, both configurations shown in Mozgrin’s Fig. 1 include a magnet, labeled
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`3, i.e., they are “magnetically enhanced.” Kortshagen Decl. ¶ 60 (Ex. 1002).
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`Mozgrin therefor