UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.
`Patent Owner
`
`Case IPR2015-01300
`
`
`
`DECLARATION OF J. GARY EDEN, PH.D.
`U.S. PATENT NO. 7,435,982
`CLAIMS 37, 42-43, 49, 55, 61-64, 67, 68, 71, 72, 74, AND 78
`
`ASML 1103
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`
`
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`

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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`TABLE OF CONTENTS
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`Page
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`V.(cid:3)
`
`D.(cid:3)
`
`BACKGROUND ............................................................................................. 1(cid:3)
`I.(cid:3)
`LEGAL PRINCIPLES ..................................................................................... 6(cid:3)
`II.(cid:3)
`PERSON OF ORDINARY SKILL IN THE ART .......................................... 7(cid:3)
`III.(cid:3)
`IV.(cid:3) OVERVIEW OF THE ’982 PATENT ............................................................ 8(cid:3)
`A.(cid:3)
`Summary of the Prosecution History .................................................... 9(cid:3)
`CLAIM CONSTRUCTION .......................................................................... 10(cid:3)
`A.(cid:3)
`“Light source” ..................................................................................... 10(cid:3)
`B.(cid:3)
`“High brightness light” ........................................................................ 12(cid:3)
`C.(cid:3)
`“A first ignition means for ionizing an ionizable medium within
`the chamber” ........................................................................................ 15(cid:3)
`1.(cid:3) Function ........................................................................................ 15(cid:3)
`2.(cid:3) Structure ....................................................................................... 15(cid:3)
`“Means for providing substantially continuous laser energy to
`the ionized medium within the chamber” ........................................... 16(cid:3)
`1.(cid:3) Function ........................................................................................ 16(cid:3)
`2.(cid:3) Structure ....................................................................................... 16(cid:3)
`VI.(cid:3) THE CHALLENGED CLAIMS ARE INVALID ......................................... 17(cid:3)
`A.(cid:3)
`Laser Sustained Plasma Light Sources Were Known Long
`Before the Priority Date of the ’982 Patent ......................................... 17(cid:3)
`VII.(cid:3) GROUNDS FOR FINDING THE CHALLENGED CLAIMS INVALID ... 19(cid:3)
`A.(cid:3) Ground 1: Claims 37, 42-43, 49, 55, 61-62, 67-68, 71, 74 and
`78 are anticipated by Gärtner .............................................................. 19(cid:3)
`1.(cid:3) Overview of Gärtner ..................................................................... 20(cid:3)
`2.(cid:3)
`Independent Claim 37 .................................................................. 23(cid:3)
`3.(cid:3)
`Independent Claim 67 .................................................................. 26(cid:3)
`4.(cid:3)
`Independent Claim 74 .................................................................. 30(cid:3)
`5.(cid:3)
`Independent Claim 78 .................................................................. 33(cid:3)
`6.(cid:3) Dependent Claims 42 and 68– Optical Element for Modifying a
`Property of the Laser Energy ........................................................ 35(cid:3)
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`i
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`B.(cid:3)
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`7.(cid:3) Dependent Claim 43 – Optical Element Is a Lens or Mirror ....... 37(cid:3)
`8.(cid:3) Dependent Claim 49 – Sealed Chamber ...................................... 37(cid:3)
`9.(cid:3) Dependent Claim 55 – Ionizable Media ....................................... 37(cid:3)
`10.(cid:3) Dependent Claim 61 –Ignition source is a pulsed laser, electrodes,
`or other types of ignition sources ................................................. 38(cid:3)
`11.(cid:3) Dependent Claim 62 – Ignition Source is External or Internal to
`the Chamber .................................................................................. 39(cid:3)
`12.(cid:3) Dependent Claim 71 – Ionizable Medium Comprises a Solid,
`Liquid, or Gas ............................................................................... 39(cid:3)
`Ground 2: Claims 63, 64, and 72 are Obvious over Gärtner .............. 40(cid:3)
`2.(cid:3) Dependent Claims 63 and 72 – Optical Element For Modifying A
`Property of the Emitted Light ....................................................... 40(cid:3)
`3.(cid:3) Dependent Claim 64 – Optical Element is Mirror or Lens .......... 44(cid:3)
`VIII.(cid:3) RESPONSE TO ARGUMENTS RAISED BY PATENT OWNER IN ITS
`PRELIMINARY INJUNCTION MOTION .................................................. 44(cid:3)
`A.(cid:3)
`Patent Owner’s Arguments Regarding the Content of the Prior
`Art ........................................................................................................ 45(cid:3)
`Patent Owner’s Arguments Regarding Objective Indicia of
`Non-Obviousness ................................................................................ 49(cid:3)
`IX.(cid:3) AVAILABILITY FOR CROSS-EXAMINATION ...................................... 50(cid:3)
`X.(cid:3)
`RIGHT TO SUPPLEMENT .......................................................................... 50(cid:3)
`XI.(cid:3)
`JURAT ........................................................................................................... 51(cid:3)
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`B.(cid:3)
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`ii
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`I, J. Gary Eden, Ph.D., declare as follows:
`
`1. My name is J. Gary Eden.
`
`I.
`
`BACKGROUND
`2.
`
`I am the Gilmore Family Professor of Electrical and Computer
`
`Engineering and Director of the Laboratory for Optical Physics and Engineering at
`
`the University of Illinois in Urbana, Illinois.
`
`3.
`
`I received a B.S. in Electrical Engineering (High Honors) from the
`
`University of Maryland, College Park in 1972 and an M.S. and Ph.D. in Electrical
`
`Engineering from the University of Illinois in 1973 and 1976, respectively.
`
`4.
`
`After receiving my doctorate, I served as a National Research Council
`
`Postdoctoral Research Associate at the United States Naval Research Laboratory
`
`(“NRL”), Optical Sciences Division, in Washington, DC from 1975 to 1976. As a
`
`research physicist in the Laser Physics Branch (Optical Sciences Division) from
`
`1976 to 1979, I made several contributions to the visible and ultraviolet lasers and
`
`laser spectroscopy field, including the co-discovery of the KrCl rare gas-halide
`
`excimer laser and the proton beam pumped laser (Ar-N2, XeF). In 1979, I received
`
`a Research Publication Award for my work at the NRL.
`
`5.
`
`In 1979, I was appointed assistant professor in the Department of
`
`Electrical and Computer Engineering at the University of Illinois. In 1981, I
`
`became associate professor in this same department, and in 1983, I became
`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`professor in this department. In 1985, I was named the Director of the Laboratory
`
`for Optical Physics and Engineering, and in 2007, I was named the Gilmore Family
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`Professor of Electrical and Computer Engineering. I continue to hold both
`
`positions today. In addition, I am also Research Professor in the Coordinated
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`Science Laboratory and the Micro and Nanotechnology Laboratory.
`
`6.
`
`Since joining the faculty of the University of Illinois in 1979, I have
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`been engaged in research in atomic, molecular and ultrafast laser spectroscopy, the
`
`discovery and development of visible and ultraviolet lasers, and the science and
`
`technology of microcavity plasma devices. My research has been featured in Laser
`
`Focus, Photonics Spectra, Electronics Weekly (UK), the Bulletin of the Materials
`
`Research Society, Microwaves, Optical Spectra, Electro-Optical Systems Design,
`
`Optics and Laser Technology, Electronics, Optics News, Lasers and Optronics,
`
`IEEE Potentials, IEEE Spectrum, and IEEE Circuits and Devices. My work was
`
`highlighted in the National Academy of Sciences report Plasma 2010, published in
`
`2007.
`
`7.
`
`I have made several major contributions to the field of laser physics,
`
`plasma physics, and atomic and molecular physics. I co-invented a new form of
`
`lighting, “light tiles”, that are thin and flat. This culminated in the formation of a
`
`company called Eden Park Illumination. I discovered numerous ultraviolet, visible
`
`and near-infrared atomic and molecular lasers, including the KrCl ultraviolet
`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`(excimer) laser, the optically-pumped XeF, HgCl, and rare gas lasers and the CdI,
`
`CdBr, ZnI, Li, Fe, and Cd visible and near-infrared lasers. I demonstrated the first
`
`long pulse (> 1 μs) excimer laser and the first lasers (Ar – N2, XeF) pumped by a
`
`proton beam. The excimer lasers are now used worldwide in photolithography,
`
`surgical procedures (such as corneal refractive correction) and micromachining of
`
`materials. I discovered the laser excitation spectroscopy of photoassociation (the
`
`absorption of optical radiation by free atomic pairs) of thermal atoms as a probe of
`
`the structure of transient molecules. I demonstrated with my graduate students the
`
`first ultraviolet and violet glass fiber lasers. I discovered the excimer-pumped
`
`atomic lasers (lasing on the D1 and D2 lines of Na, Cs, and Rb) for laser guide stars
`
`and mesosphere probing by LIDAR. I conducted the first observation (by laser
`
`spectroscopy) of Rydberg series for the rare gas diatomics (Ne2, Ar2, Kr2, Xe2) and
`
`the first measurement of the rotational constants for Ne2 and Ar2, as well as the
`
`vibrational constants for Ne2+. I pioneered the development of microcavity plasma
`
`devices and arrays in silicon, Al/Al2O3, glass, ceramics, and multilayer
`
`metal/polymer structures. For this, I was the recipient of the C.E.K. Mees Award
`
`from Optical Society of America, the Aaron Kressel Award from the Photonics
`
`Society of the IEEE, and the Harold E. Edgerton Award from the International
`
`Society for Optical Engineering. I was the Fulbright-Israel Distinguished Chair in
`
`the Physical Sciences and Engineering from 2007 to 2008. I am a Fellow of the
`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`American Physical Society, the Optical Society of America, the Institute of
`
`Electrical and Electronics Engineers, the American Association for the
`
`Advancement of Science (AAAS), and the SPIE (International Society for Optical
`
`Engineering.
`
`8.
`
`I taught/teach courses in laser physics, electromagnetics (including
`
`optics, optical waveguides, antennas), plasma physics, semiconductor electronic
`
`devices, electromagnetics, and analog signal processing, among others. I have
`
`directed the dissertations of 46 individuals who received the Ph.D. degree in
`
`Physics, Electrical and Computer Engineering, or Materials Science and
`
`Engineering.
`
`9.
`
`I have also served as Assistant Dean in the College of Engineering,
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`Associate Dean of the Graduate College, and Associate Vice-Chancellor for
`
`Research.
`
`10.
`
`I have authored or co-authored over 280 peer-reviewed academic
`
`publications in the fields of laser physics, plasma physics, atomic and molecular
`
`physics, quantum electronics. I have served as Editor-in-Chief of the IEEE
`
`Journal of Quantum Electronics and am currently Editor-in-Chief of Progress in
`
`Quantum Electronics and Associate Editor of Applied Physics Reviews.
`
`11.
`
`I am currently a member of four honorary organizations. In 1998, I
`
`served as President of the IEEE Lasers and Electro-Optics Society (LEOS),
`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`following earlier service as a member of the LEOS Board of Governors, and as the
`
`Vice-President for Technical Affairs.
`
`12. From 1996 through 1999, I was the James F. Towey University
`
`Scholar at the University of Illinois. I received the LEOS Distinguished Service
`
`Award, was awarded the IEEE Third Millennium Medal in 2000 and was named a
`
`LEOS Distinguished Lecturer for 2003-2005.
`
`13.
`
`I am a co-founder of Eden Park Illumination (2007) and EP
`
`Purification (2010).
`
`14.
`
`In 2014, I was elected into the National Academy of Engineering, and
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`the National Academy of Inventors.
`
`15.
`
`I am a named inventor on over seventy (73) United States and
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`international patents and have patent applications pending both in the United States
`
`and abroad.
`
`16. A copy of my curriculum vitae is attached as Appendix A.
`
`17.
`
`I have reviewed the specification and claims of U.S. Patent No.
`
`7,435,982 (the “’982 patent”; Ex. 1101). I have been informed that the ’982 patent
`
`claims priority to March 31, 2006.
`
`18.
`
`I have also reviewed the following references, all of which I
`
`understand to be prior art to the ’982 patent:
`
`(cid:120) French Patent Publication No. FR2554302A1, published May 3,
`1985 (“Gärtner,” Ex. 1104).
`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`I am being compensated ay my normal consulting rate for my work.
`
`19.
`
`My compensation is not dependent on, and in no way affects, the substance of my
`
`statements in this Declaration.
`
`20.
`
`I have no financial interest in Petitioner. I similarly have no financial
`
`interest in the ’982 patent.
`
`II. LEGAL PRINCIPLES
`21.
`I have been informed that a claim is invalid as anticipated under 35
`
`U.S.C. § 102(b) if “the invention was patented or described in a printed publication
`
`in this or a foreign country or in public use or on sale in this country, more than
`
`one year prior to the date of the application for patent in the United States.” I have
`
`also been informed that a claim is invalid as anticipated under 35 U.S.C. § 102(e)
`
`if “the invention was described in … an application for patent, published under
`
`section 122(b), by another filed in the United States before the invention by the
`
`applicant for patent ….” It is my understanding that for a claim to be anticipated,
`
`all of the limitations must be present in a single prior art reference, either expressly
`
`or inherently.
`
`22.
`
`I have been informed that a claim is invalid as obvious under 35
`
`U.S.C. § 103(a):
`
`
`
`if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`been obvious at the time the invention was made to a person having
`ordinary skill in the art to which [the] subject matter pertains.
`
`35 U.S.C. § 103(a). I understand that a claimed invention would have been
`
`obvious, and therefore not patentable, if the subject matter claimed would have
`
`been considered obvious to a person of ordinary skill in the art at the time that the
`
`invention was made. I understand that when there are known elements that perform
`
`in known ways and produce predictable results, the combination of those elements
`
`is likely obvious. Further, I understand that when there is a predictable variation
`
`and a person would see the benefit of making that variation, implementing that
`
`predictable variation is likely not patentable. I have also been informed that
`
`obviousness does not require absolute predictability of success, but that what does
`
`matter is whether the prior art gives direction as to what parameters are critical and
`
`which of many possible choices may be successful.
`
`III. PERSON OF ORDINARY SKILL IN THE ART
`23. A person of skill in the art at the time of the alleged invention of the
`
`’982 patent would have had a Ph.D. in physics, electrical engineering, or an
`
`equivalent field and 2-4 years of work experience with lasers and plasma, or a
`
`master’s degree in physics, electrical engineering, or an equivalent field and 4-5
`
`years of work experience with lasers and plasma.
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`
`IV. OVERVIEW OF THE ’982 PATENT
`24. The ’982 patent is directed to a laser sustained plasma light source for
`
`use in, for example, testing and inspection for semiconductor manufacturing. As
`
`depicted in Figure 1, reproduced below, the light source includes: (1) a chamber
`
`128 (green), (2) an ignition source 140 (blue) for generating a plasma 132, and (3)
`
`a laser 104 (red) for providing energy to the plasma 132 to produce a high
`
`brightness light 136 (’982 patent, 4:29-38 (Ex. 1101).) The ’982 patent identifies
`
`several types of “ignition sources,” such as “electrodes” (shown below) and
`
`“pulsed lasers” (not shown). (’982 patent, 7:7-24 (Ex. 1101).)
`
`
`
`’982 Patent, Fig. 1 (Ex. 1101)
`
`25. According to the ’982 patent, prior art light sources relied upon
`
`electrodes to both generate and sustain the plasma, which resulted in wear and
`
`contamination. (’982 patent, 1:20-40 (Ex. 1101).) Thus, a need allegedly arose for
`
`a way to sustain plasma without relying on an electrical discharge from electrodes.
`
`8
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`(Id. 1:20-40.) The alleged invention involves using a laser to provide energy to
`
`sustain the plasma to produce a “high brightness” light. (See, e.g., id. 1:46-50.)
`
`26. As discussed below, there was nothing new about sustaining a plasma
`
`with a laser to produce high brightness light. Multiple prior art references,
`
`including Gärtner, disclosed laser-sustained plasma light sources with the same
`
`elements as the ’982 patent: a chamber, an ignition source, and a laser.
`
`A.
`
`Summary of the Prosecution History
`
`27. The ’982 patent issued from U.S. Patent Appl. No. 11/395,523, filed
`
`on March 31, 2006. On August 25, 2008, all the claims were allowed without
`
`rejection. The ’982 patent issued on October 14, 2008. (’982 Patent (Ex. 1101).)
`
`28.
`
`In the Notice of Allowability, the Examiner explained that prior art to
`
`Hoshino disclosed “a light source which has a laser that generates a plasma[,]” and
`
`prior art to Sato disclosed a “light source where a laser beam excites gas (for
`
`emitting UV and EUV light) that is sealed in a bulb tube. . . ” (Notice of
`
`Allowability dated Aug. 28, 2008 at 3 (Ex. 1107).) Thus, the Examiner recognized
`
`that using a laser to generate a plasma light source was not inventive.
`
`29. The Examiner nonetheless allowed the claims because the Examiner
`
`was not aware of prior art that disclosed the combination of an ignition source that
`
`generates the plasma and a laser beam that sustains the plasma. (Notice of
`
`Allowability dated Aug. 28, 2008 at 3 (Ex. 1107).)
`
`9
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`30. The Examiner did not consider Gärtner, which was not of record
`
`during the prosecution of the ’982 patent. Gärtner discloses an ignition source that
`
`generates the plasma and a laser beam that sustains the plasma to produce a high
`
`brightness light. In fact, as discussed further below, high brightness light sources
`
`with ignition sources that generate the plasma and laser beams that sustain the
`
`plasma were well-known long before the priority date of the ’982 patent.
`
`V. CLAIM CONSTRUCTION
`A.
` “Light source”
`31. The term “light source” appears in claims 37, 42-43, 49, 55, 61-64,
`
`74, and 78. “Light source” should be construed to mean “a source of
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`electromagnetic radiation in the extreme ultraviolet (10 nm to 100 nm), vacuum
`
`ultraviolet (100 nm to 200 nm), ultraviolet (200 nm to 400 nm), visible (400 to 700
`
`nm), near-infrared (700 nm to 1,000 nm (1 μm)), middle infrared (1 μm to 10 μm),
`
`or far infrared (10 μm to 1000 μm) regions of the spectrum.”
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`10
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`32. The ordinary and customary meaning of “light source”1 is a source of
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`electromagnetic radiation in the extreme ultraviolet (10 nm to 100 nm), vacuum
`
`ultraviolet (100 nm to 200 nm), ultraviolet (200 nm to 400 nm), visible (400 to 700
`
`nm), near-infrared (700 nm to 1,000 nm (1 μm)), middle infrared (1 μm to 10 μm),
`
`or far infrared (10 μm to 1000 μm) regions of the spectrum. (See, e.g., William T.
`
`Silfvast, “Laser Fundamentals” at 4 (“Silfvast”) (Ex. 1109).) The Patent Owner
`
`publishes a data sheet which is consistent with the ordinary and customary
`
`meaning in referring to EUV wavelengths as within the meaning of “light source.”
`
`(See, e.g., Energetiq EQ-10M Data Sheet at 2 (describing Energetiq’s EQ-10
`
`product operating at 13.5 nm as an “EUV [Extreme Ultraviolet] Light Source”)
`
`(Ex. 1108).
`
`33. The ’982 patent does not provide a definition of the term “light
`
`source” and uses the term consistent with the ordinary and customary meaning of
`
`the term. The ’982 patent states that parameters such as the wavelength of the light
`
`from a light source will vary depending upon the application. (’982 patent, 1:18-
`
`1 The term “light” is sometimes used more narrowly to refer only to visible light.
`
`However, references to “ultraviolet light” in the ’982 patent make clear that the
`
`broader meaning is intended because ultraviolet light has a wavelength shorter than
`
`that of visible light. (See, e.g., ’982 patent, 6:47-49; 7:65-67; 8:6-9; 8:37-39 (Ex.
`
`1101).)
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`11
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`19 (Ex. 1101).) The specification describes “ultraviolet light” as an example of the
`
`type of light that can be generated: “emitted light 136 (e.g., at least one or more
`
`wavelengths of ultraviolet light).” (’982 patent, 7:65-67 (Ex. 1101); see also id. at
`
`6:47-49 (discussing the ultraviolet light 136 generated by the plasma 132 of the
`
`light source 100), 8:6-9, 8:37-39.)
`
`34. Therefore, the term “a source of electromagnetic radiation in the
`
`extreme ultraviolet (10 nm to 100 nm), vacuum ultraviolet (100 nm to 200 nm),
`
`ultraviolet (200 nm to 400 nm), visible (400 to 700 nm), near-infrared (700 nm to
`
`1,000 nm (1μm)), middle infrared (1 μm to 10 μm), or far infrared (10 μm to 1000
`
`μm) regions of the spectrum.”
`
`B.
` “High brightness light”
`35. All the challenged claims except for claim 74 recite the term “high
`
`brightness light.” For purposes of this proceeding, the term “high brightness light”
`
`should be construed to include “light sufficiently bright to be useful for: inspection,
`
`testing or measuring properties associated with semiconductor wafers or materials
`
`used in the fabrication of wafers, or as a source of illumination in a lithography
`
`system used in the fabrication of wafers, a microscopy system, a photoresist curing
`
`system, or an endoscopic tool.”
`
`12
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`36. The ’982 patent defines “brightness” 2 as “the power radiated by a
`
`source of light per unit surface area onto a unit solid angle.” (’982 patent, 4:46-47
`
`(Ex. 1101).) The brightness of the light produced by a light source determines the
`
`ability of a system or operator to “see or measure things [] with adequate
`
`resolution.” (Id. at 4:47-51 (Ex. 1101).) Accordingly, the brightness of a light is
`
`associated with the ability to see or measure properties of a surface.
`
`37. The ’982 patent recognizes that various uses for high brightness light
`
`existed before the ’982 patent was filed. The patent recognizes in the Background
`
`of the Invention that, “[f]or example, a high brightness light source can be used for
`
`inspection, testing or measuring properties associated with semiconductor wafers
`
`or materials used in the fabrication of wafers (e.g., reticles and photomasks).”
`
`(’982 patent, 1:11-14 (Ex. 1101).) It also identifies light sources that can be used
`
`“as a source of illumination in a lithography system used in the fabrication of
`
`wafers, a microscopy system[], or a photoresist curing system[,]” as further
`
`examples of high brightness light sources. (’982 patent, 1:11-17 (Ex. 1101).)
`
`Additionally, it describes and claims “a wafer inspection tool, a microscope, a
`
`metrology tool, a lithography tool, [and] an endoscopic tool” as tools for which the
`
`2 Although the ’982 patent uses the term “brightness,” “spectral brightness” is the
`
`more common term in optics and lasers. “Spectral brightness” refers to the optical
`
`power radiated per unit of wavelength (nm) into a steradian.
`
`13
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`high brightness light is produced. (’982 patent, 2:33-38, 10:11-14 (Ex. 1101).)
`
`More generally, the patent acknowledges that the brightness and other parameters
`
`of the light “vary depending upon the application.” (’982 patent, 1:18-19 (Ex.
`
`1101).)
`
`38. The Patent Owner has argued that the term “high brightness light”
`
`should be understood as “bright enough to be used for inspection, testing, or
`
`measuring properties associated with semiconductor wafers or materials used in
`
`the fabrication of wafers, or in lithography systems used in the fabrication of
`
`wafers, microscopy systems, or photoresist curing systems—i.e., at least as bright
`
`as xenon or mercury arc lamps,” which is similar to the construction proposed
`
`below but omits some of the applications for high brightness light specifically
`
`described in the ’982 Patent. (See Second Declaration of Donald K. Smith, Ph.D.
`
`in Support of Energetiq’s Reply Brief in Support of its Motion for Preliminary
`
`Injunction, dated Mar. 17, 2015 (“Second Smith Decl.”) at pp. 6-7 (Ex. 1111).)
`
`39. Therefore, for the purposes of this proceeding, the term “high
`
`brightness light” should be interpreted to include “light sufficiently bright to be
`
`used for: inspection, testing or measuring properties associated with semiconductor
`
`wafers or materials used in the fabrication of wafers, or as a source of illumination
`
`in a lithography system used in the fabrication of wafers, a microscopy system, a
`
`photoresist curing system, or an endoscopic tool.”
`
`14
`
`

`
`C.
`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`“A first ignition means for ionizing an ionizable medium within
`the chamber”
`1.
`40. The function is “ionizing an ionizable medium within the chamber.”
`
`Function
`
`Structure
`
`2.
`41. The corresponding structure for performing the function includes a
`
`pair of electrodes, ultraviolet ignition sources, capacitive discharge ignition
`
`sources, inductive ignition sources, RF ignition sources, flash lamps, continuous
`
`wave or pulsed lasers, and pulsed lamps. The ’982 patent describes an
`
`embodiment where an ignition source 140 is “a pair of electrodes located in the
`
`chamber.” (’982 Patent, 7:3-14 (Ex. 1101).) It further states, “Alternative types of
`
`ignition sources 140 . . . include ultraviolet ignition sources, capacitive discharge
`
`ignition sources, inductive ignition sources, RF ignition sources, … microwave
`
`ignition sources, flash lamps, pulsed lasers, and pulsed lamps.” (Id. 7:15-24.)
`
`15
`
`

`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`Additionally, the patent explains that “[t]he ignition source can be a continuous
`
`wave (CW) or pulsed laser. . .”3 (Id. 2:24-29.)
`
`D.
`
`“Means for providing substantially continuous laser energy to the
`ionized medium within the chamber”
`1.
`42. The function is “providing substantially continuous laser energy to the
`
`Function
`
`ionized medium within the chamber.”
`
`Structure
`
`2.
`43. The corresponding structure for performing the function includes a
`
`laser source. The ’982 patent states:
`
`The laser source can be, for example, an infrared (IR) laser source, a
`diode laser source, a fiber laser source, an ytterbium laser source, a
`CO2 laser source, a YAG laser source, or a gas discharge laser source.
`
`
`3 The ’982 patent additionally states, “In one embodiment, no ignition source 140
`
`is required and instead the laser source 104 is used to ignite the ionizable medium
`
`and to generate the plasma 132 and to sustain the plasma and the high brightness
`
`light 136 emitted by the plasma 132.” (’982 patent, 7:24-28 (Ex. 1101).) Thus, the
`
`’982 patent distinguishes between embodiments that have an ignition source (e.g.,
`
`electrodes or a laser) to generate the plasma and a separate laser to sustain the
`
`plasma, and embodiments that use the same laser to both generate and sustain the
`
`plasma.
`
`16
`
`

`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`In some embodiments, the laser source 104 is a pulse laser source
`(e.g., a high pulse rate laser source) or a continuous wave laser source.
`In some embodiments, multiple lasers (e.g., diode lasers) are coupled
`to one or more fiber optic elements (e.g., the fiber optic element 108).
`In some embodiments, fiber laser sources and direct semiconductor
`laser sources are desirable for use as the laser source 104 . . . .
`(’982 Patent at 5:41-52 (Ex. 1101).)
`
`VI. THE CHALLENGED CLAIMS ARE INVALID
`A. Laser Sustained Plasma Light Sources Were Known Long Before
`the Priority Date of the ’982 Patent
`44. When the application that led to the ’982 patent was filed, there was
`
`nothing new about a light source using an ignition source to generate a plasma in a
`
`chamber and a laser to sustain the plasma to produce high brightness light from the
`
`plasma. This concept had been known and widely used since at least as early as
`
`the 1980s, more than two decades before the application date. For example, in
`
`1983, Gärtner et al. filed a patent application entitled “Radiation source for optical
`
`devices, notably for photolithographic reproduction systems,” which published on
`
`May 3, 1985 as French Patent Application No. 2554302. (“Gärtner” (Ex. 1104).)
`
`Gärtner discloses a light source with the same features claimed in the ’982 patent:
`
`(1) a sealed chamber 1 (green); (2) an ignition source – pulsed laser 10 (blue),
`
`which generates a plasma 14; and (3) a laser to produce light – laser 9 (red), which
`
`provides energy to the plasma 14 and produces light 15.
`
`17
`
`

`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`
`’982 patent, Fig. 1 (Ex. 1101)
`
`
`
`
`
`
`
`
`
`Gärtner, Fig. 1 (Ex. 1104)
`
`45. Similarly, Cremers et al. published a paper in 1984 entitled,
`
`“Evaluation of the continuous optical discharge for spectrochemical analysis.”
`
`(Ex. 1105.) Cremers describes a laser sustained plasma light source producing a
`
`“continuous optical discharge” (COD) that generated a “very bright white light.”
`
`(Cremers at 666 (Ex. 1105).) As shown in Figure 2, reproduced below, Cremers’s
`
`light source included the same features as the ’982 patent: (1) a sealed chamber
`
`(green); (2) an ignition source – a pair of electrodes or pulsed laser PB (both shown
`
`in blue), which ionizes a gas to generate a plasma in the chamber; and (3) a laser,
`
`the cw-CO2 laser (red), to supply energy to the plasma to produce the continuous
`
`optical discharge. (Id. Fig. 2.)
`
`18
`
`

`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`
`
`
`’982 patent, Fig. 1 (Ex. 1101)
`
`
`
`
`
`Cremers, Fig. 2 (Ex. 1105)
`
`46. By the late 1980’s, this concept was already being taught in textbooks.
`
`(See D. Keefer, “Laser Sustained Plasmas,” Chapter 4, from Radziemski et al.,
`
`“Laser-Induced Plasmas and Applications”, CRC Press (1989) (Ex. 1106).)
`
`47. Thus, the purportedly novel features of the ’982 patent are nothing
`
`more than the standard features of laser sustained plasma light sources across
`
`several generations of technology from the 1980’s to the early 2000’s.
`
`VII. GROUNDS FOR FINDING THE CHALLENGED CLAIMS INVALID
`A. Ground 1: Claims 37, 42-43, 49, 55, 61-62, 67-68, 71, 74 and 78 are
`anticipated by Gärtner
`48. Claims 37, 42-43, 49, 55, 61-62, 67-68, 71, 74 and 78 are anticipated
`
`by Gärtner.
`
`49.
`
`It is my understanding that Gärtner is prior art under 35 U.S.C. §
`
`102(b) because it published more than a year before the earliest claimed priority
`
`date for the ’982 patent, which is March 31, 2006. It is also my understanding that
`
`Gärtner was not considered by the Examiner during prosecution of the ’982 patent.
`
`19
`
`

`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`
`Overview of Gärtner
`
`1.
`50. Gärtner describes a light source for optical devices: “The present
`
`invention relates to a radiation source for optical devices, in particular for
`
`photolithographic reproduction systems.” (Gärtner at 1:1-2 (Ex 11