Trials@uspto.gov
`571-272-7822
`
` Paper 9
`
`Entered: October 20, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.
`and TSMC NORTH AMERICA CORP.,
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00819
`Patent 6,853,142 B2
`____________
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L. C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`571-272-7822
`
` Paper 9
`
`Entered: October 20, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.
`and TSMC NORTH AMERICA CORP.,
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00819
`Patent 6,853,142 B2
`____________
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L. C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`
`IPR2014-00819
`Patent 6,853,142 B2
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`
`I. INTRODUCTION
`Taiwan Semiconductor Manufacturing Company, Ltd. and TSMC
`North America Corporation (collectively “TSMC”) filed a Petition
`requesting inter partes review of claims 21, 24, 26–28, 31, 32, 37, and 38 of
`U.S. Patent No. 6,853,142 B2 (“the ’142 Patent”). Paper 2 (“Pet.”).
`Zond, LLC (“Zond”) filed a Preliminary Response. Paper 8 (“Prelim.
`Resp.”). We have jurisdiction under 35 U.S.C. § 314, which provides that
`an inter partes review may not be instituted “unless . . . there is a reasonable
`likelihood that the petitioner would prevail with respect to at least 1 of the
`claims challenged in the petition.”
`Upon consideration of TSMC’s Petition and Zond’s Preliminary
`Response, we conclude that the information presented in the Petition
`demonstrates that there is a reasonable likelihood that TSMC would prevail
`in challenging claims 21, 24, 26–28, 31, 32, 37, and 38 as unpatentable
`under 35 U.S.C. § 103(a). Pursuant to 35 U.S.C. § 314, we hereby authorize
`an inter partes review to be instituted as to claims 21, 24, 26–28, 31, 32, 37,
`and 38 of the ’142 Patent.
`
`
`A. Related Matters
`TSMC indicates that the ’142 Patent was asserted in Zond, LLC v.
`
`Fujitsu, No.1:13-cv-11634-WGY (D. Mass.), in which TSMC is a co-
`defendant. Pet. 1. TSMC also identifies other matters where Zond asserted
`the claims of the ’142 Patent against third parties, as well as other Petitions
`for inter partes review that are related to this proceeding. Id.
`
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`B. The ’142 Patent
`The ’142 Patent relates to methods and apparatus for generating high-
`density plasma. Ex. 1201, Abs. At the time of the invention, sputtering was
`a well-known technique for depositing films on semiconductor substrates.
`Id. at 1:16–24. The ’142 Patent indicates that prior art magnetron sputtering
`systems deposit films having low uniformity and poor target utilization (the
`target material erodes in a non-uniform manner). Id. at 3:32–36. To address
`these problems, the ’142 Patent discloses that increasing the power applied
`between the target and anode can increase the uniformity and density in the
`plasma. Id. at 3:37–44. However, increasing the power also “can increase
`the probability of generating an electrical breakdown condition leading to an
`undesirable electrical discharge (an electrical arc) in the chamber 104.” Id.
`According to the ’142 Patent, forming a weakly-ionized plasma
`substantially eliminates the probability of establishing a breakdown
`condition in the chamber when high-power pulses are applied between the
`cathode and anode. Id. at 6:21–30. Once the weakly-ionized plasma is
`formed, high-power pulses are applied between the cathode and anode to
`generate a strongly-ionized plasma from the weakly-ionized plasma. Id. at
`7:23–36. The ’142 Patent also discloses that the provision of the feed gas to
`the plasma allows for homogeneous diffusion of the feed gas in the weakly-
`ionized plasma and allows for the creation of a highly uniform strongly-
`ionized plasma. Id. at 6:31–35.
`
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`C. Illustrative Claims
`Of the challenged claims, claims 21 and 31 are independent, and the
`rest depend ultimately from those two claims. Claims 21 and 31, reproduced
`below, are illustrative:
`21. An apparatus for generating a strongly-ionized plasma,
`the apparatus comprising:
`an anode;
`a cathode that is positioned adjacent to the anode and
`forming a gap there between;
`an ionization source that generates a weakly-ionized plasma
`proximate to the cathode, the weakly-ionized plasma reducing
`the probability of developing an electrical breakdown condition
`between the anode and the cathode; and
`a power supply that produces an electric field across the gap,
`the electric field generating excited atoms in the weakly-ionized
`plasma and generating secondary electrons from the cathode,
`the secondary electrons ionizing the excited atoms, thereby
`creating the strongly-ionized plasma.
`
`31. A method for generating a strongly-ionized plasma, the
`method comprising:
`ionizing a feed gas to generate a weakly-ionized plasma
`proximate to a cathode, the weakly-ionized plasma reducing the
`probability of developing an electrical breakdown condition
`proximate to the cathode; and
`applying an electric field across the weakly-ionized plasma
`in order to excite atoms in the weakly-ionized plasma and to
`generate secondary electrons from the cathode, the secondary
`electrons ionizing the excited atoms, thereby creating the
`strongly-ionized plasma.
`Ex. 1201, 21:61–22:9 and 22:40–50.
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`D. Prior Art Relied Upon
`TSMC relies upon the following prior art references:
`Wang
`
`
`US 6,413,382 B1 July 2, 2002
`
`
`(Ex. 1205)
`
`D.V. Mozgrin, et al., High-Current Low-Pressure Quasi-Stationary
`Discharge in a Magnetic Field: Experimental Research, 21 PLASMA
`PHYSICS REPORTS 400–409 (1995) (Ex. 1203) (hereinafter “Mozgrin”).
`
`A. A. Kudryavtsev and V.N. Skerbov, Ionization Relaxation in a
`Plasma Produced by a Pulsed Inert-Gas Discharge, 28 SOV. PHYS. TECH.
`PHYS. 30–35 (Jan. 1983) (Ex. 1204) (hereinafter “Kudryavtsev”).
`
`D.V. Mozgrin, High-Current Low-Pressure Quasi-Stationary
`Discharge in a Magnetic Field: Experimental Research, Thesis at
`Moscow Engineering Physics Institute (1994) (Ex. 1207) (hereinafter
`“Mozgrin Thesis”).1
`
`
`E. Asserted Grounds of Unpatentability
`TSMC asserts the following grounds of unpatentability:
`
`Claims
`
`Basis
`
`References
`
`21, 26–28, 31, 37, and 38 § 103(a) Mozgrin and Kudryavtsev
`§ 103(a) Mozgrin, Kudryavtsev, and
`Mozgrin Thesis
`§ 103(a) Wang and Kudryavtsev
`
`24 and 32
`21, 24, 26–28, 31, 32,
`37, and 38
`
`
`
`
`1 The Mozgrin Thesis is a Russian-language reference. The citations to the
`Mozgrin Thesis are to the certified English-language translation submitted
`by TSMC (Ex. 1206).
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`II. ANALYSIS
`
`A. Claim Construction
`In an inter partes review, claim terms in an unexpired patent are given
`their broadest reasonable construction in light of the specification of the
`patent in which they appear. 37 C.F.R. § 42.100(b). Claim terms are given
`their ordinary and customary meaning as would be understood by one of
`ordinary skill in the art in the context of the entire disclosure. In re
`Translogic Tech. Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). An inventor
`may rebut that presumption by providing a definition of the term in the
`specification with reasonable clarity, deliberateness, and precision. In re
`Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994). In the absence of such a
`definition, limitations are not to be read from the specification into the
`claims. In re Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993).
`In the instant proceeding, the parties propose claim constructions for
`two claim terms. Pet. 13–15; Prelim. Resp. 17–19. We address the claim
`terms identified by the parties below.
`
`“weakly-ionized plasma” and “strongly-ionized plasma”
`Independent claim 21 recites “the electric field generating excited
`atoms in the weakly-ionized plasma and generating secondary electrons
`from the cathode, the secondary electrons ionizing the excited atoms,
`thereby creating the strongly-ionized plasma,” with independent claim 31
`reciting a similar limitation. All of the challenged claims depend from
`claims 21 or 31.
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`TSMC proposes that the claim term “weakly-ionized plasma” should
`be interpreted as “a lower density plasma,” and that the claim term
`“strongly-ionized plasma” should be interpreted as “a higher density
`plasma.” Pet. 14 (emphasis omitted). Dr. Uwe Kortshagen, supporting
`declarant for TSMC, defines the term “density” in the context of plasma as
`“the number of ions or electrons that are present in a unit volume.” Ex. 1202
`¶ 21.
`In its Preliminary Response, Zond proposes that the claim term
`“weakly-ionized plasma” should be construed as “a plasma with a relatively
`low peak density of ions,” and that the claim term “strongly-ionized plasma”
`should be construed as “a plasma with a relatively high peak density of
`ions.” Prelim. Resp. 18–19 (citing Ex. 1201, 9:43–44 (“The rapid ionization
`results in a strongly-ionized plasma 238 having a large ion density being
`formed in the area 234 proximate to the cathode 204.”)). Zond also directs
`our attention to the Specification of U.S. Patent No. 6,806,652 B1 (“the
`’652 Patent”), which is being challenged in Taiwan Semiconductor
`Manufacturing Company, Ltd. v. Zond, LLC, Case IPR2014-00861. Id.
`The Specification of the ’652 patent provides:
`The high-power pulses generate a high-density plasma from the
`initial plasma. The term “high-density plasma” is also referred
`to as a “strongly-ionized plasma.” The terms “high-density
`plasma” and “strongly-ionized plasma” are defined herein to
`mean a plasma with a relatively high peak plasma density. For
`example, the peak plasma density of the high-density plasma is
`greater than about 1012 cm-3. The discharge current that is
`formed from the high-density plasma can be on the order of
`about 5 kA with a discharge voltage that is in the range of about
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`50V to 500V for a pressure that is in the range of about 5 mTorr
`to 10 Torr.
`IPR2014-00861, Ex. 1101, 8:55–59.
`We recognize when construing claims in patents that derive from the
`same parent application and share common terms, “we must interpret the
`claims consistently across all asserted patents.” NTP, Inc. v. Research In
`Motion, Ltd., 418 F.3d 1282, 1293 (Fed. Cir. 2005) (citation omitted). Here,
`although Zond characterizes the ’652 Patent as “a related patent” (Prelim.
`Resp. 18), Zond does not explain how the ’652 Patent is related to the
`involved patent in the instant proceeding (i.e., the ’142 Patent). In fact,
`those patents do not share the same written disclosure, nor do they derive
`from the same parent application.
`Nevertheless, we observe no significant difference between the
`parties’ constructions. Pet. 14; Ex. 1202 ¶ 21; Prelim. Resp. 18–19. More
`importantly, the claim terms “weakly-ionized plasma” and “strongly-ionized
`plasma” appear to be used consistently across both the ’652 Patent and the
`’142 Patent. See, e.g., Ex. 1201, 6:31–35. For this decision, we construe the
`claim term “weakly-ionized plasma” as “a plasma with a relatively low peak
`density of ions,” and the claim term “strongly-ionized plasma” as “a plasma
`with a relatively high peak density of ions.”
`
`
`B. Principles of Law
`A patent claim is unpatentable under 35 U.S.C. § 103(a) if the
`differences between the claimed subject matter and the prior art are such that
`the subject matter, as a whole, would have been obvious at the time the
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`invention was made to a person having ordinary skill in the art to which said
`subject matter pertains. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`(2007). The question of obviousness is resolved on the basis of underlying
`factual determinations including: (1) the scope and content of the prior art;
`(2) any differences between the claimed subject matter and the prior art;
`(3) the level of ordinary skill in the art; and (4) objective evidence of
`nonobviousness. Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966).
`In that regard, an obviousness analysis “need not seek out precise
`teachings directed to the specific subject matter of the challenged claim, for
`a court can take account of the inferences and creative steps that a person of
`ordinary skill in the art would employ.” KSR, 550 U.S. at 418; see
`Translogic, 504 F.3d at 1259. A prima facie case of obviousness is
`established when the prior art itself would appear to have suggested the
`claimed subject matter to a person of ordinary skill in the art. In re Rinehart,
`531 F.2d 1048, 1051 (CCPA 1976). The level of ordinary skill in the art is
`reflected by the prior art of record. See Okajima v. Bourdeau,
`261 F.3d 1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579
`(Fed. Cir. 1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978).
`We analyze the asserted grounds of unpatentability in accordance with
`the above-stated principles.
`
`
`C.
`
`Claims 21, 24, 26–28, 31, 32, 37, and 38
`– Obviousness over Wang and Kudryavtsev
`TSMC asserts that claims 21, 24, 26–28, 31, 32, 37, and 38 are
`unpatentable under 35 U.S.C. § 103(a) as obvious over the combination of
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`Wang and Kudryavtsev. Pet. 39–56. As support, TSMC provides detailed
`explanations as to how each claim limitation is met by the references and
`rationales for combining the references, as well as a declaration of
`Dr. Kortshagen (Ex. 1202). Id.
`Zond responds that the combination of Wang and Kudryavtsev does
`not disclose every claim limitation. Prelim. Resp. 36–47. Zond also argues
`that there is insufficient reason to combine the technical disclosures of Wang
`and Kudryavtsev. Id. at 21–35.
`We have reviewed the parties’ contentions and supporting evidence.
`Given the evidence on this record, we determine that TSMC has
`demonstrated a reasonable likelihood of prevailing on its assertion that
`claims 21, 24, 26–28, 31, 32, 37, and 38 are unpatentable as obvious over
`the combination of Wang and Kudryavtsev. Our discussion focuses on the
`deficiencies alleged by Zond as to the claims.
`
`Wang
`
`Wang discloses a power pulsed magnetron sputtering apparatus for
`generating a very high plasma density. Ex. 1205, Abs. Wang also discloses
`a sputtering method for depositing metal layers onto advanced
`semiconductor integrated circuit structures. Id. at 1:4–15.
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`Figure 1 of Wang, reproduced below, illustrates a cross-sectional view
`of a power pulsed magnetron sputtering reactor:
`
`
`As shown in Figure 1 of Wang, magnetron sputtering apparatus 10 has
`pedestal 18 for supporting semiconductor substrate 20, anode 24,
`cathode 14, magnet assembly 40, and pulsed DC power supply 80. Id. at
`3:57–4:55. According to Wang, the apparatus is capable of creating high
`density plasma in region 42, from argon gas feed 32 through mass flow
`controller 34, which ionizes a substantial fraction of the sputtered particles
`into positively charged metal ions and also increases the sputtering rate. Id.
`at 4:5–34. Wang further recognizes that, if a large portion of the sputtered
`particles are ionized, the films are deposited more uniformly and
`effectively—the sputtered ions can be accelerated towards a negatively
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`charged substrate, coating the bottom and sides of holes that are narrow and
`deep. Id. at 1:24–29.
`Figure 6 of Wang, reproduced below, illustrates how the apparatus
`applies a pulsed power to the plasma.
`
`
`As shown in Figure 6 of Wang, the target is maintained at background
`power level PB between high power pulses 96 with peak power level PP. Id.
`at 7:13–39. Background power level PB exceeds the minimum power
`necessary to support a plasma in the chamber at the operational pressure
`(e.g., 1kW). Id. Peak power PP is at least 10 times (preferably 100 or 1000
`times) background power level PB. Id. The application of high peak power
`PP causes the existing plasma to spread quickly, and increases the density of
`the plasma. Id. According to Dr. Kortshagen, Wang’s apparatus generates a
`low-density (weakly-ionized) plasma during the application of background
`power PB, and a high-density plasma during the application of peak power
`PP. Ex. 1202 ¶¶ 111–114, 129; see Pet. 41–43.
`
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`Kudryavtsev
`Kudryavtsev discloses a multi-step ionization plasma process,
`comprising the steps of exciting the ground state atoms to generate excited
`atoms, and then ionizing the excited atoms. Ex. 1204, Abs., Figs. 1, 6.
`Figure 1 of Kudryavtsev (annotations added by TSMC (Pet. 24))
`illustrates the atomic energy levels during the slow and fast stages of
`ionization. Annotated Figure 1 is reproduced below:
`
`
`
`As shown in annotated Figure 1 of Kudryavtsev, ionization occurs
`with a “slow stage” (Fig. 1a) followed by a “fast stage” (Fig. 1b). During
`the initial slow stage, direct ionization provides a significant contribution to
`the generation of plasma ions (arrow Γ1e showing ionization (top line labeled
`“e”) from the ground state (bottom line labeled “1”)). Dr. Kortshagen
`explains that Kudryavtsev shows the rapid increase in ionization once multi-
`step ionization becomes the dominant process. Ex. 1202 ¶¶ 70–72; Pet. 22–
`24.
`
`Specifically, Kudryavtsev discloses:
`For nearly stationary n2 [excited atom density] values . . . there
`is an explosive increase in ne [plasma density]. The subsequent
`increase in ne then reaches its maximum value, equal to the rate
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`of excitation . . . which is several orders of magnitude greater
`than the ionization rate during the initial stage.
`Ex. 1204, 31, right col, ¶ 6 (emphasis added). Kudryavtsev also recognizes
`that “in a pulsed inert-gas discharge plasma at moderate pressures . . . [i]t is
`shown that the electron density increases explosively in time due to
`accumulation of atoms in the lowest excited states.” Id. at Abs., Fig. 6.
`
`Reasons to Combine Wang and Kudryavtsev
`TSMC asserts that the combination of Wang and Kudryavtsev teaches
`the generation of excited atoms in the weakly-ionized plasma. Pet. 45–47
`(citing Ex. 1202 ¶¶ 122–124). TSMC contends that Kudryavtsev teaches
`that ionization proceeds in a slow stage followed by a fast stage and that
`excited atoms are produced in both stages, such that excited atoms would be
`produced in Wang’s weakly-ionized plasma in response to the applied
`electrical pulse. Id. at 45–46 (citing Ex. 1202 ¶ 122). TSMC also submits
`that it would have been obvious to one with ordinary skill in the art to adjust
`Wang’s operating parameters (e.g., to increase the pulse length of the power
`and/or the pressure of the gas inside the chamber) to trigger a fast stage of
`ionization. Id. According to TSMC, triggering such a fast stage of
`ionization in Wang’s apparatus would increase plasma density and, thereby,
`would increase the sputtering rate, and reduce the time required to reach a
`given plasma density. Id.
`In addition, TSMC notes that the ’142 Patent admits that secondary
`electrons are produced in a sputtering process by collisions between ions and
`the cathode and those secondary electrons form ions. Id. at 47–48 (citing
`Ex. 1202 ¶ 125). As such, TSMC argues, the combination of Wang and
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`Kudryavtsev teaches the generation of excited atoms in the weakly-ionized
`plasma, and the production of secondary electrons.
`In its Preliminary Response, Zond disagrees that it would have been
`obvious to combine the technical disclosures of Wang and Kudryavtsev,
`arguing that Wang’s power pulsed magnetron sputtering apparatus differs
`significantly from Kudryavtsev’s plasma apparatus. Prelim. Resp. 30–35.
`In particular, Zond argues that Kudryavtsev’s plasma apparatus uses
`electrodes and a cylindrical tube, and does not use magnets or magnetic
`fields, whereas Wang’s system includes a magnetron, which is small and
`unbalanced. Id. at 31–34. Zond continues that the electron fluxes for the
`slow and fast stages of Kudryavtsev’s system “would be substantially
`different in a system that uses magnets and magnetic fields like . . . Wang’s
`system.” Id. at 33. Zond also points out differences in electrode spacing and
`the application of the voltage between the systems of Wang and
`Kudryavtsev. Id. at 33–34.
`Those arguments are not persuasive. “It is well-established that a
`determination of obviousness based on teachings from multiple references
`does not require an actual, physical substitution of elements.” In re Mouttet,
`686 F.3d 1322, 1332 (Fed. Cir. 2012) (citing In re Etter, 756 F.2d 852, 859
`(Fed. Cir. 1985) (en banc) (noting that the criterion for obviousness is not
`whether the references can be combined physically, but whether the claimed
`invention is rendered obvious by the teachings of the prior art as a whole)).
`In that regard, one with ordinary skill in the art is not compelled to follow
`blindly the teaching of one prior art reference over the other without the
`exercise of independent judgment. Lear Siegler, Inc. v. Aeroquip Corp.,
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`733 F.2d 881, 889 (Fed. Cir. 1984); see also KSR, 550 U.S. at 420-21 (A
`person with ordinary skill in the art is “a person of ordinary creativity, not an
`automaton,” and “in many cases . . . will be able to fit the teachings of
`multiple patents together like pieces of a puzzle.”).
`Zond has not explained adequately why triggering a fast stage of
`ionization in Wang’s apparatus would have been beyond the level of
`ordinary skill, or why one with ordinary skill in the art would not have had a
`reasonable expectation of success in combining the teachings.
`Kudryavtsev states that because “the effects studied in this work are
`characteristic of ionization whenever a field is suddenly applied to a weakly
`ionized gas, they must be allowed for when studying emission mechanisms
`in pulsed gas lasers, gas breakdown, laser sparks, etc.” Ex. 1204, 34, right
`col. (emphasis added). Wang applies voltage pulses that suddenly generate
`an electric field. Ex. 1205, 7:61–63; see Ex. 1202 ¶ 123. More importantly,
`Wang discloses background power PB of 1 kW (falling within the range of
`0.1–100 kW, as disclosed in the ’142 Patent, for generating a weakly-ionized
`plasma), and pulse peak power PP of 1 MW (falling within the range of
`1kW–10 MW, as disclosed in the ’142 Patent, for generating a strongly-
`ionized plasma). Ex. 1205, 7:19–25; Ex. 1201, 11:32–38, 12:1–8, Fig. 4.
`Dr. Kortshagen testifies that “[b]ecause Wang’s power levels fall within the
`ranges disclosed by the ’142 Patent, Wang is as likely as is the ’142 Patent
`to excite atoms within the weakly-ionized plasma.” Ex. 1202 ¶ 121.
`On this record, we credit Dr. Kortshagen’s testimony, as it is
`consistent with the prior art disclosures. We also agree with Dr. Kortshagen
`that triggering a fast stage of ionization (as disclosed by Kudryavtsev) in
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`Wang’s apparatus would have been a combination of known techniques
`yielding the predictable results of increasing plasma density and the degree
`of multi-step ionization. See Ex. 1202 ¶ 122.
`Given the evidence before us, we determine that the Petition and
`supporting evidence demonstrate sufficiently that combining the technical
`disclosures of Wang and Kudryavtsev is merely a predicable use of prior art
`elements according to their established functions—an obvious improvement.
`See KSR, 550 U.S. at 417 (“[I]f a technique has been used to improve one
`device, and a person of ordinary skill in the art would recognize that it would
`improve similar devices in the same way, using the technique is obvious
`unless its actual application is beyond his or her skill.”).
`
`Alleged Missing Claim Elements from the Combination of Wang and
`Kudryavtsev
`With respect to claims 24 and 32, both claims provide that the electric
`field applied is a quasi-static electric field. Zond asserts that TSMC argues
`that Wang’s electric field is quasi-static because the pulse width is greater
`that the collision time for electrons with neutral gas particles, but that TSMC
`failed to make any comparison between the characteristic time of electric
`field variation and collision time. Prelim. Resp. 36–37. Rather, Zond
`contends, TSMC compared a different quantity, i.e., the pulse width of the
`power pulse, with a collision time, and thus, has not demonstrated that
`claims 24 and 32 are taught or suggested by the combination of Wang and
`Kudryavtsev. Id. at 37. We do not agree.
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`
`
`It is clear from the discussion above that an electric field is applied to
`the weakly-ionized plasma in the form of a pulse in Wang. Claims 24 and
`32 require that the electric field applied be “quasi-static,” and that the ’142
`Patent describes a “quasi-static electric field” as an electric field that has “a
`characteristic time of electric field variation,” i.e., while it is constant for a
`period of time, that is much greater than the collision time for electrons with
`neutral gas particles. Ex. 1201, 7:16–19. Based on TSMC’s arguments, we
`are persuaded it would have been logical to look at the width of a pulse to
`determine the duration over which the field of the pulse is applied. Where
`no pulse is applied, there would be a variation in the applied field as
`compared to when the field is applied. As such, we agree with TSMC that
`looking to a pulse width would allow ordinarily skilled artisans to determine
`if the field applied through the pulse is quasi-static. Given the collision time
`referred to in the Petition (Pet. 52), which has not yet been addressed by
`Zond, we are persuaded, on this record, that Wang provides for the
`application of an electric field, through its power pulse, that would be quasi-
`static compared to the collision time.
`With respect to claim 26, Zond argues that the pulse taught in Wang is
`a power pulse having an unspecified rise time, and not, as recited in claim
`26, an electric field with a rise time chosen to achieve an increase in the
`ionization rate. Prelim. Resp. 40–41. Wang, however, discloses that its
`pulsed DC power supply “produces a train of negative voltage pulses,”
`Ex. 1205, 7:61–62 (emphasis added), and that the exact shape of the voltage
`pulse depends on the design of the pulsed power supply and “significant rise
`times and fall times are expected.” Id. at 5:23–29. Based on this record, we
`18
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`
`are persuaded by TSMC’s argument that one of ordinary skill in the art at
`the time of the invention reviewing Wang would have understood that a
`specific rise time of the pulse, producing the electric field, would need to be
`chosen such that “each pulse 82 needs to ignite the plasma and maintain it.”
`Id. at 5:29–30; see Pet. 53 (citing Ex. 1202 ¶ 142).
`With respect to claims 27, 37 and 38, which all recite that “the
`strongly-ionized plasma is substantially uniform proximate to the cathode,”
`with claim 37 adding that it is selection of the pulse width or amplitude that
`causes this uniformity. Zond argues that TSMC and its expert assert,
`without support or explanation, that Wang’s strongly-ionized plasma is
`substantially uniform, and that such a bare assertion is entitled to little or no
`weight. Prelim. Resp. 43–44. We do not agree.
`As discussed above, an ordinarily skilled artisan is “a person of
`ordinary creativity, not an automaton,” KSR, 550 U.S. at 420-21.
`Accordingly, we determine, based on the current record, Wang’s discussion
`of rotating the magnetron to “more evenly erode the target,” Ex. 1205, 4:49-
`51, would have been understood by an ordinarily skilled artisan to create a
`more uniform plasma to achieve more uniform sputtering. See Ex. 1202 ¶
`142. Therefore, Wang provides the suggestion to create a uniform plasma to
`achieve the desired effect of the disclosed apparatus in Wang. Thus, we are
`not persuaded that TSMC’s analysis is conclusory, but rather based on the
`understanding of one of ordinary skill in the art.
`With respect to claim 28, Zond argues that TSMC’s arguments are
`deficient because the combination of Wang and Kudryavtsev does not teach
`or suggest that the dimension of the gap between the anode and the cathode
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`
`is chosen to increase the ionization rate of the excited atoms in the weakly-
`ionized plasma, per claim 28. Prelim. Resp. 46–47. Zond argues that Wang
`fails to teach the relationship recited in claim 28. Id. We are not persuaded,
`however, of any deficiency on this record.
`TSMC argues that it would have been obvious to adjust the operating
`parameters so as to trigger Kudryavtsev’s fast stage of ionization, including
`the increased ionization of excited atoms, in the actual gap between Wang’s
`anode and cathode. Pet. 55. We agree that such an increase in ionization
`would occur in the gap chosen for the apparatus in Wang, such that the
`optimized operating parameters would be selected, at least in part, on that
`gap. Additionally, we are persuaded that the selection of the gap would have
`been part of the predictable results understood by ordinarily skilled artisans
`involved in selecting the proper operating parameters.
`
`Conclusion
`For the foregoing reasons, we determine that TSMC has demonstrated
`a reasonable likelihood of prevailing on its assertion that claims 21, 24, 26–
`28, 31, 32, 37, and 38 are unpatentable over the combination of Wang and
`Kudryavtsev.
`
`
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`
`D. Other Asserted Grounds of Unpatentability
`
`TSMC also asserts the following grounds of unpatentability:
`
`Claims
`
`Basis
`
`References
`
`21, 26–28, 31, 37, and 38 § 103(a) Mozgrin and Kudryavtsev
`§ 103(a) Mozgrin, Kudryavtsev, and
`Mozgrin Thesis
`
`24 and 32
`
`
`
`The Board’s rules for inter partes review proceedings, including those
`pertaining to institution, are “construed to secure the just, speedy, and
`inexpensive resolution of every proceeding.” 37 C.F.R. § 42.1(b); see also
`35 U.S.C. § 316(b) (regulations for inter partes review proceedings take into
`account “the efficient administration of the Office” and “the ability of the
`Office to timely complete [instituted] proceedings”). Therefore, we exercise
`our discretion and do not institute a review based on the other asserted
`grounds for reasons of administrative necessity to ensure timely completion
`of the instituted proceeding. See 37 C.F.R. § 42.108(a).
`
`
`III. CONCLUSION
`For the foregoing reasons, we determine that the information
`presented in the Petition shows that there is a reasonable likelihood that
`TSMC would prevail in challenging claims 21, 24, 26–28, 31, 32, 37, and 38
`of the ’142 Patent as unpatentable under 35 U.S.C. § 103(a). At this stage in
`the proceeding, we have not made a final determination with respect to claim
`construction or the patentability of the challenged claims.
`
`
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`
`IV. ORDER
`For the foregoing reasons, it is
`ORDERED that pursuant to 35 U.S.C. § 314(a), an inter partes
`review is hereby instituted for the following grounds of unpatentability:
`
`Claims
`
`Basis
`
`References
`
`21, 24, 26–28, 31, 32, 37, and 38
`
`§ 103(a) Wang and Kudryavtsev
`
`
`
`FURTHER ORDERED that no other ground of unpatentability
`asserted in the Petition is authorized for this inter partes review; and
`FURTHER ORDERED that pursuant to 35 U.S.C. § 314(c) and
`37 C.F.R. § 42.4, notice is hereby given of the institution of a trial; the trial
`will commence on the entry date of this decision.
`
`
`
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`PETITIONER:
`
`David M. O’Dell
`David L. McCombs
`Haynes and Boone, LLP
`david.odell.ipr@haynesboone.com
`david.mccombs.ipr@haynesboone.com
`
`Richard C. Kim
`Duane Morris, LLP
`rckim@duanemorris.com
`
`PATENT OWNER:
`
`Dr. Gregory J. Gonsalves
`The Gonsalves Law firm
`gonsalves@gonsalveslawfirm.com
`
`Bruce Barker
`Chao Hadidi Stark & Barker LLP
`bbarker@chsblaw.com
`
`
`23
`
`
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