throbber
Trials@uspto.gov
`571-272-7822
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`
`Paper No. 49
`Entered: June 30, 2015
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`RECORD OF ORAL HEARING
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`- - - - - -
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`- - - - - -
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`THE GILLETTE COMPANY and
`FUJITSU SEMICONDUCTOR AMERICA, INC.,
`Petitioners,
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`v.
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`ZOND, LLC,
`Patent Owner.
`
`- - - - - - -
`
`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
`Technology Center 1700
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`- - - - - - -
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`Oral Hearing Held on Tuesday, May 26, 2015
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`- - - - - - -
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`
`
`Before: JONI Y. CHANG, SUSAN MITCHELL, JENNIFER
`MEYER, DEBRA STEPHENS (via video link), and KEVIN TURNER (via
`video link), Administrative Patent Judges.
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`The above-entitled matter came on for hearing on Tuesday, May 26,
`2015, at 1:05 p.m., in Hearing Room A, taken at the U.S. Patent and
`Trademark Office, 600 Dulany Street, Alexandria, Virginia.
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`

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`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
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`APPEARANCES:
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`ON BEHALF OF PETITIONER GILLETTE:
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`DAVID L. CAVANAUGH, ESQ.
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`202-663-6025
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`YUNG-HOON (Sam) HA, Ph.D., ESQ.
`COSMIN MAIER, ESQ.
`Wilmer Cutler Pickering Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, New York 10007
`212-230-8800
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`ON BEHALF OF PETITIONER FUJITSU:
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`DAVID M. O'DELL, ESQ.
`GREGORY HUH, ESQ.
`Haynes and Boone LLP
`2505 North Plano Road, Suite 4000
`Richardson, Texas 75082-4101
`972-739-6900
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`ON BEHALF OF PETITIONER FUJITSU:
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`
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`DAVID L. McCOMBS, ESQ.
`Haynes and Boone, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`214-651-5533
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`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
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`ON BEHALF OF THE PATENT OWNER:
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`TAREK N. FAHMI, ESQ.
`Ascenda Law Group
`333 West San Carlos Street, Suite 200
`San Jose, California 95110-2730
`408-389-3537
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`BRUCE J. BARKER, ESQ.
`Chao Hadidi Stark & Barker LLP
`176 East Main Street, Suite 6
`Westborough, Massachusetts 01581
`508-366-3800
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`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
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`P R O C E E D I N G S
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`(1:05 p. m.)
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`JUDGE C HANG: Please be se ated. This is the
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`hearing for cases IPR2014 -00578 and IPR2014 -00604
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`involving patent 6,896,775.
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`And the Boa rd in stituted these two Inter Partes
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`Reviews on Octo ber 15th, 2014. S ubsequent to the inst itution
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`the Board granted a joint motion in each case joining both
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`IPR2014 -01494 and IPR2014 -01482. This is a co mb ined oral
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`hearing. The tran script for this ora l hearing will be entered in
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`each of the joint proceedings.
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`And consistent wi th the Board's pre vious order,
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`each part y has one hour ea ch. And Petitioner will pr oceed
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`first to present its case as to the ch allenged clai ms , and the
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`Petitioner ma y re serve rebuttal ti me, and therea fter t he Patent
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`Owne r will respo nd to the Petitioner's case.
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`At this ti me I wo uld like the counsel to introduce
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`yourselves and yo ur colleagues, be ginning with the Petitioner.
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`MR. CAVANAUGH: This is Davi d Cavanaugh. I
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`represent Gillette. With me is Sa m Ha , also repr esenting
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`Gillette with Wil me r Hale . Also with me is C os mi n Maier ,
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`who is with Wil mer Hale representi ng Gillette.
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`The other Petitioners over her e, David O' Dell is
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`with Ha ynes and Boone representi ng Fujitsu, David McCo mbs
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`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
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`also with Ha yn es and Boone repres enting Fujitsu, an d Gregor y
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`Huh repres enting Fujitsu.
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`JUDGE C HANG: Thank you.
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`MR. FAHM I: Go od afternoon, Yo ur Honors.
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`Tarek Fah mi on b ehalf of the Pat ent Owner . With me is B ruce
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`Barker .
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`JUDGE C HANG: Thank you. Counsel, do you
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`have a cop y of th e de monstratives for the court repo rter and
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`for the Panel?
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`MR. CAVANAUGH: Yes , we do.
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`MR. FAHM I: Ye s.
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`JUDGE C HANG: Oka y. Great . Thank you. You
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`ma y proceed at a n y ti me .
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`MR. CAVANAUGH: Thank you. Ma y it please
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`the Board. Good afternoon. I' m D ave Cavanaugh an d with
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`me , as I mentione d earlier , is Cos min Maier and Sa m Ha . I
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`would like to rese rve 10 minutes fo r rebuttal and get started.
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`So last October a s, Judge Chang, you noted, the
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`Board instituted a trial on all of the clai ms of the '775 patent.
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`In the decision on institution the Board credited the t esti mon y
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`of the P etitioner's expert, Mr . De Vi to, and found that there
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`was a r easonable likelihood that the challenged clai ms we re
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`unpatentable based on the co mbinations of refe rences that
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`include Wang, M ozgrin, Kudr yavts ev, and a few others for
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`so me depend ent c lai ms .
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`Patent 6,896,775
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`As I will explain today and b y wa y of introduction,
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`the record suppor ts the decision on institution in which the
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`Board deter mined that all of the cla i ms we re likel y
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`unpatentable.
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`Toda y I would like to provide the Board with an
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`overview of t he ' 775 patent. I wo uld like to identify the
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`instituted combin ations of refe renc es and focusing pri maril y
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`on the independent clai ms and so me selected dependent
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`clai ms .
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`I would like to ad dress the issues r aised b y the
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`Patent Owner in t heir response and a ddress the, agai n, the
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`independent claims and the depen dent clai ms that t he Patent
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`Owne r has chosen to argue .
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`The '775 patent is related to a high -power pulsed
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`magneticall y enhanced plas ma pro cessing apparatus and
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`device. And whil e the title is a mo uthf ul, the technology itself
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`can be broken do wn into its ele me ntal co mponents i n a
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`thoughtful wa y.
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`And here on slide 4, what I have done is to identif y
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`on figure 2 of the '775 patent the el e ments that we wi ll be
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`talking about toda y. The magnetic field is i n orange , which is
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`ele ment 256.
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`An ele ctrical puls e is applied ac ross an anode and
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`a cathode. The a node is in yello w and the cathode i s in green.
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`And a power suppl y is what provides the ele ctrical p ulse, and
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`that is in light blue. And that 's on the to p right -hand part of
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`the illustration.
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`The plas ma is gen erated in the dotted region,
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`which is colored purple, and that i s located between the anode
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`and cathode, and then there is a su bstrate which is in blue and
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`there is a bias tha t is applied to the sub strate.
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`As I mentioned a mo ment ago, the i nvention or the
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`'775 patent relate s to a pa rticular p rocess for generat ing
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`highly-ionized, or plas ma that is h ighly ionized, an d I would
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`like to walk through the process of generating that
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`highly-ionized pl as ma s o that the Board can apprec iate what is
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`provided in the power suppl y associated with the '7 75 patent.
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`And, again, this p ower suppl y is what is on the
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`right -hand side, e le ment 234 -- now I' m on slide 4 - - the
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`right -hand side of figure 2 , labeled P/S. And the po wer
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`supply -- no w I ' m on slide 5 - - star ts with the application of an
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`a mount of voltage. That voltage a cross the cathode and anode
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`ionizes the gas that is between the cathode and anode to a low
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`level, to a low -le vel ionization.
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`And at T2, which i s represented on the first dotted
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`line verticall y, th ere is a voltage p ulse that is applied to the
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`s yste m b y the power supply. And what happens is t he voltage
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`pulse provides for an inc rease in t he ionization associated with
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`the ionized plas ma and so it be co mes highly -ionized plas ma.
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`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
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`Wh at happens wit h that highly -ionized plas ma is
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`that it conducts electricit y differen tly so that the voltage will
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`go down as the plas ma beco mes mo re ionized and the current
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`goes up. And tha t's what is happening in the middle part of
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`figure 5 in the '77 5 patent.
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`And the power pu lse, which is on t he lower graph,
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`rises to a certain constant level and the highly -ener gized
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`plas ma , the highly -ionized plas ma is represented on the flat
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`line between T5 a nd T6 and then the c ycle of a pulsed voltage
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`would continue on again, and it re peats over ti me to cre ate the
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`plas ma .
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`The plas ma is use d in a va riet y of different things
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`for etching and d eposition of ions onto a substrate or a wa y
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`fro m a substrate. It is useful in se miconductor man uf acturing.
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`The use of plas ma is also probabl y co mmonl y understood in
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`neon lights and in other kinds of ill u mination.
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`So turning fro m s lide 5 to slide 6, I put the basic
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`ele ments of repre sentative clai m 1, which is an appa ratus
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`clai m, and repr esentative c lai m 15, which is a method, up on
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`the screen and identified where th ose ele ments that I
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`previously identif ied on the figure , wher e the y are in the
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`clai m.
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`There is an anode. The re is a cath ode. Ther e is a
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`magnet that gener ates a magnetic fi eld. The re i s a p ower
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`supply that creat e s the strongl y -ionized plas ma and a bias
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`voltage to the substrate, which I ' m not sure I mentioned it, so
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`just in cas e I didn't, I' m back on slide 4, the substrate has a
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`power -- has a bias that's applied b y a voltage sourc e 214 and
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`that's in the bottom part of figure 2 on slide 4.
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`So the Boa rd deci ded in the decision on institution
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`that certain refer e nces we re a pa rt of a ground of
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`unpatentability that was re asonabl y likel y to have th e clai m
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`invalid or cancell ed. The pri ma r y r eferenc e is Wan g, Mozgrin
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`and Kudr yavtsev. And I have outlined the m on slide 7 for the
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`Board.
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`And before I get t o the particular r eferences , on
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`slide 8 I just iden tif y so me clai m c onstruction issues that the
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`Board addressed i n the decision on institutio n and I t hink there
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`are t wo that merit mention. One , weakl y -ionized
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`plas ma/strongl y i onized plas ma . The Petitioner and the Patent
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`Owne r had slightly diff erent constructions.
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`In the Boa rd's de cision, the y said t hat there was no
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`mate rial diff erenc e or su bstantial difference between the
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`Petitioner and the Patent Owner's c onstruction and the y
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`decided a particul ar construction and no one has a rgued that in
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`this proceeding.
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`The se cond ter m t hat I wanted to address was
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`ionizing a feed ga s. The Petitioner di dn't request a
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`construction of that. The P atent Owner did but the Board in
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`the decision on institution perceived that it should re ceive its
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`ordinar y and custo mar y meaning. And then as the B oard has
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`required in the rules, we have put f orth constructions a nd the
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`Board adopted co nstructions related to the
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`me ans -plus-function li mitations in the second of the two IP Rs.
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`So with --
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`JUDGE TURNER : Counsel, before you move on, I
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`have a quick ques tion.
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`MR. CAVANAUGH: Yes .
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`JUDGE TURNER : I understand that the P at ent
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`Owne r hasn't disputed our construction for means for ionizing
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`a fe ed gas or volume of the f eed ga s, but the y do see m to sa y
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`in their response that the y think th at that me ans req uires a gap .
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`So I know that ou r construction doesn't, you know,
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`mention t he gap but I figure that th is might be a good point for
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`you to perhaps -- ma ybe I' m ju mping ahead, though -- I will
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`give you the opportunity to discuss that at this point.
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`MR. CAVANAUGH: I think we will talk about
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`gaps in a mo ment , but to the extent that the y have not
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`identified the construction itself as being inappropriate, like
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`that's all I ' m sa yi ng here.
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`Wh en we talk about gap we will ad dress wher e the
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`gap is in Wang an d how it is percei ved as well as some of the
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`Patent Owner 's o wn state ments in the ir repl y. So we will ,
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`Judge Turner, if I don't get to that when I get to it , p lease ask
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`the question again but I think I wil l re me mb er.
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`Patent 6,896,775
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`JUDGE TURNER : I will make sure you do. Thank
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`you.
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`MR. CAVANAUGH: Thank you. So this is Wang,
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`which is the p ri mar y re ference , an d it also relates t o a
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`plas ma-gene rating device. And it also has -- and no w I' m on
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`slide 9 -- a rotata ble magnetron wh ich in this depiction is
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`located above the cathode which is in green . The re is also the
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`plas ma which is i n purple.
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`Wang also has a DC pulsed power supply and that
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`is on the lowe r ri ght -hand side of f igure 1. And ther e is a
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`substrate which i s in blue and it is provided with a bias which
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`is the voltage source 44.
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`So the basic ele ments of what the ' 775 patent is
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`disclosing and clai ming a re presen t in Wang and, in deed, in
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`other pieces of pr ior art, but Wang I think is illustrative of
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`kind of the state of the a rt and wh at is disclosed. And here I
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`have associated t he ele ments.
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`Because the -- an d here I've , on sli de 10, I've made
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`an association between Wang on th e right -hand side and the
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`'775 patent structurall y on the left - hand side. And a s the
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`Board can apprec iate, man y of the sa me li mitations and man y
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`of the sa me ele me nts are a part of Wang.
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`And I thought it also might b e usef ul to go
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`through -- let me go back to slide 1 0 for a mo ment -- to talk
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`about the power supply which in th e '775 patent is on figure 2
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`and the P/S in light blue, and in Wang it is the el e ment which
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`is pulsed DC sup ply which is also in blue and on the lowe r
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`right -hand side of figure 1 of Wang .
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`And I thought it might be useful b ecause of the
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`issues that the Pa tent Owner has ra ised with rega rd t o the
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`power suppl y to walk through how the powe r suppl y of Wang
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`relates to the power suppl y of the ' 775 patent .
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`We se e in Wang - - and now I ' m on slide 11 -- that
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`there is a pulse th at is provided. There is a base power ,
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`actuall y I should sa y a power, ther e is a base po wer PB, and
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`this is illustrated on figure 6, whic h is the lowe r pa r t of slide
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`11, and going fr o m the P B, which i s the base po wer , to a P P,
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`which is the pe ak power . And as you move fro m the base
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`power to the peak power , that is what is, you know, p roviding
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`that capabilit y or that possibility of highly ionizing the
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`plas ma .
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`And what I 've do ne on th e top of slide 11 is to put
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`on figure 7, whic h is one of the suggested wa ys of a pplying
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`the pulse in Wang , and on the bottom part of figure 7 we have
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`a voltage supply 100 which is con nected to the c athode. And
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`that is what provides PB. So ther e is a base power that is
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`provided.
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`There is also a pu lsed DC supply, 80 which we
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`talked about a mo ment ago that pro vides a voltage p ulse and
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`that voltage pulse is what provides PP. And that volt age pulse
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`is what brings the ions up fro m a weakl y -ionized stat e to a
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`strongly-ionized state, or lowl y io nized to highly io nized,
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`depending on how one charact eriz es it.
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`So Wang itself is taking the essential, kind of
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`providing a base voltage and weak l y ionizing the pl as ma and
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`then providing a stronger voltage to strongly i onize the
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`plas ma .
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`And we asked Dr . Ha rtsough, the P atent Owner's
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`expert, to help us understand what the power supply was. And
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`this is looking at Wang, which it sa ys is a t ypical pul sed
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`power suppl y. And we asked hi m, and Wang sa ys:
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`"Question: A t yp i cal pulsed power supply will
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`output relatively high voltage and al most no current in the
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`ignition phase and a lower voltage and substantial current in
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`the maintenance phase. Do you se e that? "
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`And we a re asking hi m to point to Wang, to look at
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`the Wang d isclosure on colu mn 5. And he sees it. And we ask
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`a follow-up quest ion:
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`"Question: So we can agree that Wang is
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`explaining how a t ypical pulsed power supply operat es; right?
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`"Answer: Yes .
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`"Question: And t hat's exactl y what figure 5 of the
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`'775 pat ent is showing; right?
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`"Answer: Yes ."
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`So the P atent Owner's expert is ide ntifying that
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`figure 5 of the '7 75 patent is descr ibing what a t ypi cal pulsed
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`power suppl y wo uld do.
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`And with that , wi th the power suppl y, and we'll
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`talk about that I t hink for so me of the dependent cla i ms, but it
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`is i mportant that the Patent Owner' s expert identifie s the
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`power suppl y of Wang with a t ypi cal powe r suppl y and sa ys
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`what is going on in figure 5 is wha t is happening with a
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`t ypical powe r sup ply in this s yste m.
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`So the P atent Owner has r aised a f ew issues
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`relating to the in dependent clai ms that I would like to address
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`if there are no qu estions relating to the technology or relating
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`to the background that I 've just pro vided.
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`Oka y. I will go o n to the issues rai sed b y the
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`Patent Owner . Now I ' m on slide 14. The Patent Owner has
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`raised a fe w issue s, and I think the Board will note t hat the y
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`are, given the si milarit y bet ween Wang and the '775 patent
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`clai ms , the y t end to focus on so me of the details. And I want
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`to walk t hrough t hose details with you to make sure that the
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`Board can apprec iate that those det ails are also met b y Wang.
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`So the first one is whether Wang, t he cathode and
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`anode of Wang ar e ad jacent to one another, and whet her Wang
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`for ms a gap between the anode and cathode as recite d in the
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`clai m. And then finall y in clai m 1 5, which is a met hod clai m,
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`Patent 6,896,775
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`whether or not the clai m itself r equires a specific o rder. I will
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`address each of t he m in turn.
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`And here what I 've done is taken the slide that I
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`presented prev iously and just ident ified the clai m te r ms that
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`are in dispute as t o where the y a re . So I have dra wn dotted
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`boxes around "adjacent" and "a gap " and for clai m 1 .
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`I've also dr awn a line around "proxi mate" which I
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`will talk about in a mo ment but the Patent Owner has alleged
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`that there is a def icienc y in the pet ition which I thin k we can
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`address fairl y con veniently after tal king about gap and
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`adjacent .
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`And then finall y, regarding the pre sentation of the
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`clai ms , the ionizing of feed gas an d generating a ma g netic
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`field are the t wo clai m li mitations that the Patent Owner
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`perceives to r equire a specific orde r.
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`So Wang , in the P atent Owner's vie w, Wang does
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`not have an anode or a cathode that are ad jacent one another or
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`for m a gap. And I will take each o f the se individuall y, but of
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`necessity I will ta ke the m together also.
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`So the first thing that the Patent Owner has done is
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`said that there is a shield on -- and now I' m on slide 16 --
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`there is a shield i n between the cat hode and anode of Wang
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`and that's repr ese nted on the right -hand side as figur e -- of
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`slide 16, whe re th ere is a shield 26.
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`And in the Patent Owner 's view, ap parentl y,
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`because it is bet ween the c athode a nd anode, that it me ans that
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`the cathode and a node are not adja cent one another.
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`And we asked the Patent Owner , th e Patent
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`Owne r's expert, questions about what it me ant to be adjacent .
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`One of the things we asked was , well, if there is pla s ma
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`between the cathode and anode, does that mean the ca thode
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`and anode are not adjacent? And h e said, n o, of cou rse not,
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`the cathode and a node are going to generate plas ma and that
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`doesn't necessarily mean that becau se there is plas ma in
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`between it doesn't mean the y' re not adjacent. We wo uld agree.
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`And we also asked, and this is on t he left -hand side
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`of slide 16, be cau se Dr. Hartsough, the P atent Owner 's expert,
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`had put a si mplified version of a ca thode and anode in his
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`declaration, we said in that constr uct is the c athode and anode
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`adjacent? And th e electrode is, as the Board c an app reciate, is
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`between the cathode and elect rode f or at le ast a portion of that
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`distance, kind of going down on the scre en for that f igure.
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`And Dr. Hartsough said yes, for a p ortion of that,
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`that is adjacent. And we asked him to identif y wha t event or a
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`gap on figure 7. And, you know, h e identified a couple
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`different lines in figure 7, which is on the c enter par t of slide
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`16, and I have ill ustrated one in a dotted line in purple for
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`what he identified.
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`Patent 6,896,775
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`And so setting this as conditions for a gap and
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`adjacent , I would like t o walk through his testi mon y. So this
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`is Dr . Hartsough, the Patent Owner' s expert.
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`"Question: I'll pose my question again: Is the
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`anode and cathode depicted in Exhibit 1029 adjacen t to one
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`another? "
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`Then I a m just going to go back to slide 16 on the
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`left -hand side, so the question is whether the anode and
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`cathode are adjac ent to each other. And on slide 17:
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`"Answer: In that depiction, there a re portions that
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`are adja cent.
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`"Question: So ar e the y ad jacent within the context
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`of the '775 clai ms ?
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`"Answer: Yes ."
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`So Dr. Hartsough sa ys that that spa ce is ad ja cent
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`and there is no pr incipled reason wh y the cathode an d anode of
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`Wang ar en't also adjacent .
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`Again, I' m on slide 17, we asked h i m again:
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`"Question: Show me wher e all of t he gaps are ."
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`And I go back to the figure. " Wh y don't you do it in black."
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`And the lines that he dre w are between the c athode a nd anode
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`and I've identified one in purple.
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`"Answer: It coul d also be those di stances.
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`"Question: That ' s what you meant b y 'edge'
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`earlier? "
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`And if I can get my pointer to wor k, for those in
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`the roo m, the edg e being right here , and for those no t in the
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`roo m it is the left -hand - most portion of the anode that is --
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`where the beginning part of the pur ple line is. And t hat is the
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`edge becaus e we believe, the Petitioners believe that it is, you
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`know, the gap itself could be an y one of those, and e vidently
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`the Patent Owner' s expert agr ees th at those could be a gap.
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`I' m going to go b ack to slide 16 fo r a mo ment
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`because what we' ve done is ident ify just a rep resentative
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`purple dotted line betwe en the c athode and anode in figure 1
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`of Wang. And it does for m a catho de, or an anode that is
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`adjacent to the ca thode and it also for ms a gap.
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`And, Judge Turne r, you had asked a question about
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`whether or not Wang's gap was - - a ctuall y you asked in the
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`context of the me ans -plus-function language and ho w the gap
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`is described and whether or not -- I guess I' m reading into
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`your question -- whether or not Wang has that.
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`And just fro m a s tandpoint -- I' m o n sli de 18
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`now -- and the Pa tent Owner, and t his is not the Peti tioner, but
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`this is the Patent Owne r's response, identifies the ra nge of gap
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`associated with t he '775 patent. And that's in the le ft -hand
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`side of slide 18.
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`And the P atent Owner identifies the ga p as being
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`between 0 .3 centi mete rs and 10 cen ti meters . And the Patent
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`Owne r, also in th eir response, the y sort through using a
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`variet y of things that are on page 2 2 of the response, about
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`what Wang's gap would be.
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`And Hartsough, t heir expert, also opine d about
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`what that gap wo uld be. And in their esti mation the gap would
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`be between 10 ce nti meters and 14 centi mete rs. And so like
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`even presu ming t hat there is a dif f erence, the gaps a s the
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`Patent Owner has identified the m a re overlapping, 1 0
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`centi mete rs co mmon to both.
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`Judge Turner, doe s that answe r your question about
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`gap or should I a pproach it a dif fe rent wa y?
`
`JUDGE TURNER : No, I think that 's fine. I' m sure
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`Patent Owner will bring up argu me nts.
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`MR. CAVANAUGH: Oka y. No w I' m on slide 19.
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`The Paten t Owne r both in the preli minar y response and in the
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`response has identified that the pet ition is deficient because
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`we didn't allege, i n their view, whe ther or not Wang had a
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`substrate that was proxi mate the ca thode.
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`And while the Bo ard re cognized that th e petition
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`was suffici ent an d had a -- and the re was a decision on
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`institution, I wan t to address it for a mo ment just to make sure
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`that the record is clear that the basi s of what we understand
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`the Patent Owner to be sa ying is that because we didn't put in
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`the clai m languag e associated with the cathode being
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`proxi mate the substrate in the he ading of that partic ular part of
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`the petition upon which the decisio n on institution was
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`granted, then our petition was defic ient in that regar d.
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`I would note two thin gs: The first one is that, like ,
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`we had used a sec ond -- an earlier ground and we ha d full y put
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`in and then we were incorporating b y r efer ence, which is
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`per mitted in the I PR petition prepa ration process an d, you
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`know, it is full y i n there and I thin k it i s clea r fro m an y reader
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`of the petition that what is being a lleged is that clai m
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`li mitation is met b y Wang.
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`And we also, like , wanted to clarif y it associated
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`with Dr. Br av man, who is the Petitioner's expert for t he repl y
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`declaration, and, you know, we w al ked through, you know, the
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`issues of whether or not the anode and cathode are p roxi mate .
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`And while I won't read the testi mony into the
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`record, I think the re cord is cle ar t hat the Petitioner has both
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`made a showing i n the petition as well as supported with
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`evidence that the cathode and substrate a re also proxi mate .
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`I would note both with gap -- actua lly with all
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`three, gap , adja ce nt and the ter m pr oxi mate, the Pate nt Owner
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`has not elected to construe the cl aim in an y wa y. The y haven't
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`alleged that the re is so me de finition associated with the ter ms
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`gap or proxi mate or adjacent. And the y should be ge tting their
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`broadest reasonable interpretation, which is what we' ve
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`applied and I think is fairl y read in Wang.
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`Cases IPR2014-00578 and IPR2014-00604
`Patent 6,896,775
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`So if the Board doesn't have an y q uestions about
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`proxi mate, ad jac e nt or gap, I will move on to the se quencing
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`of the clai m li mit ations in clai m 15.
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`And now I' m on s lide 20, where the sequence of
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`the steps is addre ssed. On the right -hand side of the slide I
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`put a portion of c lai m 15. The Pat ent Owner appear s to allege
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`that ionizing a fe ed gas must of ne cessit y happen be fore
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`generating a mag netic field.
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`And we had an op portunity to ask Dr . Hartsough,
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`their expert, about that position, and this is the wa y t he
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`colloquy went:
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`"Question: In cla i m 15 of the '775 patent, the step
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`of ionizing a fe ed gas does not hav e to occur before the
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`generation of a magnetic field; rig ht?
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`"Answer: Correc t.
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`"Question: Bec a use, as we said, fi gure 2 has a
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`per manent magne t, so the magnetic field will alre ady be on;
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`right?
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`right?
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`"Answer: In that e mbodi ment, yea h.
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`"Question: And t hat's an e mbodi ment of clai m 15;
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`"Answer: Yes ."
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`So the P atent Owner's expert recog nizes that the
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`sequencing of the first step and sec ond step doesn't have to
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`occur in the orde r in order to cover the disclosed e mbodiment.
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`Patent 6,896,775
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`And the final point I would make on the specific
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`order is identif yi ng in a portion of figure 12A and 1 3A,
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`associated with - - and this is prese nted on slide 21 - - that even
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`that sequence, tha t process chart ha s a ppl ying a mag netic field
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`and then ionizing a feed gas associated after appl yin g the
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`magnetic field.
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`And that position makes sense bec ause generating
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`a magnetic field, you can have a magnetic field that is b y a
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`per manent magne t, and that per ma nent magnet will alwa ys be
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`on, if you will, a nd you could be g enerating a magn etic field
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`b y ele ctro magnets, and that would be turned on or n ot
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`depending on whether there is a power supply associ ated with
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`it.
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`And the P atent Owner, we can i ma gine, would want
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`to have t heir cl aim, like , cover both conditions, as the y have
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`said, as their exp ert has said . Yet the y take the position that
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`ionizing the feed gas must occur be fore gener ating a magnetic
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`field.
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`I would like to move fro m the part iculars of the
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`clai m li mitations that the Patent Owner alleges ar e not present
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`in Wang to pr ese nt, you know, the reasons wh y so meone would
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`co mbine the re fer ences and would have co mbined the prior art
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`to arrive at the in vention.
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`I will talk a little bit about -- and now I' m on slide
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`22 -- as an introd uctor y I will talk a little bit about t he
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`Cases IPR2014-00578 and IPR2014-

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