`____________________________________________
`
`
`
`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 IPR2016-00583
`
`
`
`DECLARATION OF J. GARY EDEN, PH.D.
`REGARDING U.S. PATENT NO. 7,435,982
`CLAIMS 2, 5-9, 12-15, 20, 22, 28, 29, 35, AND 36
`
`ASML 1303
`
`
`
`
`
`
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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)
`
`BACKGROUND ............................................................................................. 1(cid:3)
`I.(cid:3)
`LEGAL PRINCIPLES ..................................................................................... 6(cid:3)
`II.(cid:3)
`PERSON OF ORDINARY SKILL IN THE ART .......................................... 8(cid:3)
`III.(cid:3)
`IV.(cid:3) OVERVIEW OF THE ’982 PATENT ............................................................ 8(cid:3)
`A.(cid:3)
`Summary Of The Prosecution History ................................................ 10(cid:3)
`CLAIM CONSTRUCTION .......................................................................... 11(cid:3)
`A.(cid:3)
`“Light source” ..................................................................................... 11(cid:3)
`B.(cid:3)
`“High brightness light” ........................................................................ 13(cid:3)
`VI.(cid:3) Laser Sustained Plasma Light Sources Were Known Long Before the
`Priority Date of the ’982 Patent ..................................................................... 16(cid:3)
`VII.(cid:3) GROUNDS FOR FINDING THE CHALLENGED CLAIMS INVALID ... 17(cid:3)
`A.(cid:3)
`Claims From Which The Challenged Claims Depend ........................ 17(cid:3)
`1.(cid:3) Claim 1 is Anticipated by Gärtner ............................................... 18(cid:3)
`2.(cid:3) Claim 3 is Anticipated by Gärtner ............................................... 21(cid:3)
`3.(cid:3) Claim 4 is Anticipated by Gärtner ............................................... 22(cid:3)
`4.(cid:3) Claim 26 is Obvious over Gärtner ............................................... 22(cid:3)
`5.(cid:3) Claim 30 is Anticipated by Gärtner ............................................. 25(cid:3)
`Ground 1: Claims 8, 22, 35, And 36 Are Anticipated By
`Gärtner ................................................................................................. 26(cid:3)
`1.(cid:3) Claim 8 – “wherein the chamber comprises an ultraviolet
`transparent region” ...................................................................... 27(cid:3)
`2.(cid:3) Claim 22 - “wherein the at least one laser is selected from the
`group consisting of an IR laser, a diode laser, a fiber laser, an
`ytterbium laser, a CO2 laser, a YAG laser, and a gas discharge
`laser” ............................................................................................ 27(cid:3)
`3.(cid:3) Claim 35 – “delivering the high brightness light emitted by the
`ionized medium to a tool” ............................................................ 28(cid:3)
`4.(cid:3) Claim 36 – “wherein the tool is selected from the group
`consisting of a wafer inspection tool, a microscope, a metrology
`tool, a lithography tool, and an endoscopic tool” ....................... 29(cid:3)
`
`B.(cid:3)
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`i
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`C.(cid:3)
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`Ground 2: Claims 5, 9, 12, 14, 15, 28, And 29 Are Obvious
`Over Gärtner ........................................................................................ 30(cid:3)
`1.(cid:3) Claim 5 - “wherein the optical element is a lens selected from the
`group consisting of an aplanatic lens, an achromatic lens, a
`single element lens, and a fresnel lens” ....................................... 30(cid:3)
`2.(cid:3) Claim 9 - “wherein the chamber or a window in the chamber
`comprises a material selected from the group consisting of quartz,
`Suprasil quartz, sapphire, MgF2, diamond, and CaF2” .............. 32(cid:3)
`3.(cid:3) Claim 12 - “wherein the chamber comprises a dielectric
`material” ...................................................................................... 33(cid:3)
`4.(cid:3) Claim 14 - “wherein the dielectric material is quartz” ............... 33(cid:3)
`5.(cid:3) Claim 15 - “wherein the chamber is an ultraviolet transparent
`dielectric chamber” ...................................................................... 34(cid:3)
`6.(cid:3) Claim 28 - “wherein the optical element is configured to deliver
`the electromagnetic radiation emitted by the ionized gas to a
`tool” .............................................................................................. 35(cid:3)
`7.(cid:3) Claim 29 - “wherein the tool is selected from the group consisting
`of a wafer inspection tool, a microscope, a metrology tool, a
`lithography tool, and an endoscopic tool”................................... 36(cid:3)
`D.(cid:3) Ground 3: Claim 6 Is Obvious Over Gärtner In View Of Ito ............. 37(cid:3)
`1.(cid:3) Claim 6 - “wherein the optical element is a mirror selected from
`the group consisting of a coated mirror, a dielectric coated
`mirror, a narrow band mirror, and an ultraviolet transparent
`infrared reflecting mirror” ........................................................... 37(cid:3)
`Ground 4: Claims 2, 7, And 20 Are Obvious Over Gärtner In
`View Of Mourou ................................................................................. 45(cid:3)
`1.(cid:3) Claims 2, 7, 20 .............................................................................. 45(cid:3)
`Ground 5: Claim 13 Is Obvious Over Gärtner In View of Sato ......... 51(cid:3)
`1.(cid:3) Claim 13 – “wherein the chamber is a glass bulb” ..................... 51(cid:3)
`VIII.(cid:3) RESPONSE TO ARGUMENTS RAISED BY PATENT OWNER IN ITS
`PRELIMINARY INJUNCTION MOTION .................................................. 56(cid:3)
`A.(cid:3)
`Patent Owner’s Arguments Regarding “High Brightness Light” ....... 56(cid:3)
`B.(cid:3)
`Patent Owner’s Arguments Regarding Objective Indicia of
`Non-Obviousness ................................................................................ 61(cid:3)
`
`E.(cid:3)
`
`F.(cid:3)
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`ii
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`IX.(cid:3) AVAILABILITY FOR CROSS-EXAMINATION ...................................... 62(cid:3)
`X.(cid:3)
`RIGHT TO SUPPLEMENT .......................................................................... 62(cid:3)
`XI.(cid:3)
`JURAT ........................................................................................................... 63(cid:3)
`
`
`
`iii
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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.
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`3.
`
`I received a B.S. in Electrical Engineering (High Honors) from the
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`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
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`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 this 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
`
`Professor of Electrical and Computer Engineering. I continue to hold both
`
`positions today. In addition, I am also Research Professor in the Coordinated
`
`Science Laboratory and the Micro and Nanotechnology Laboratory, and I hold
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`academic appointments at the University of Illinois in the Departments of
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`Materials Science and Engineering, Bioengineering, and Nuclear, Plasma, and
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`Radiological Engineering.
`
`6.
`
`Since joining the faculty of the University of Illinois in 1979, I have
`
`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
`
`also 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
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`lighting, “light tiles”, that are thin and flat. This culminated in the formation of a
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`company known as Eden Park Illumination. I discovered numerous ultraviolet,
`
`visible and near-infrared atomic and molecular lasers, including the KrCl
`
`ultraviolet (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
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`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
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`discovered the excimer-pumped atomic lasers (lasing on the D1 and D2 lines of
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`Na, Cs, and Rb) for laser guide stars and mesosphere probing by LIDAR. I
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`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,
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`Al/Al2O3, glass, ceramics, and multilayer metal/polymer structures. For this, I was
`
`the recipient of the C.E.K. Mees Award from the Optical Society of America, the
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`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
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`Fulbright-Israel Distinguished Chair in the Physical Sciences and Engineering
`
`from 2007 to 2008. I am a Fellow of the 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
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`directed the dissertations of 47 individuals who received the Ph.D. degree in
`
`Physics, Electrical and Computer Engineering, or Materials Science and
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`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
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`Research.
`
`10.
`
`I have authored or co-authored over 290 peer-reviewed academic
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`publications in the fields of laser physics, plasma physics, atomic and molecular
`
`physics, and quantum electronics. I have served as Editor-in-Chief of the IEEE
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`Journal of Quantum Electronics, and Editor-in-Chief of Progress in Quantum
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`Electronics. I am currently serving as an Associate Editor of Applied Physics
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`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 – now
`
`known as the IEEE Photonics Society), 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
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`LEOS Distinguished Lecturer for 2003-2005. In 2005, I received the IEEE/LEOS
`
`Aron Kressel Award. I was awarded the C.E.K. Mees Medal of the Optical
`
`Society of America in 2007, and was the recipient of the Fulbright-Israel
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`Distinguished Chair in the Natural Sciences and Engineering for 2007-2008.
`
`13.
`
`I am a co-founder of Eden Park Illumination (2007) and EP
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`Purification (2010).
`
`14.
`
`In 2014, I was elected into the National Academy of Engineering, and
`
`the National Academy of Inventors.
`
`15.
`
`I am a named inventor on over ninety (90) United States and
`
`international patents and have patent applications pending both in the United States
`
`and abroad.
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`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. 1301). 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,
`with English Translation (“Gärtner,” Ex. 1304).
`
`(cid:120) JPH04-144053A, published May 18, 1992, with English Translation
`(“Ito,” Ex. 1311).
`
`(cid:120) International Publication WO-2004097520, published November 11,
`2004 (“Mourou,” Ex. 1312).
`
`(cid:120) S61-193358, published August 27, 1986, with English Translation
`(“Sato,” Ex. 1317).
`
`19.
`
`I have also reviewed the exhibits cited and appended to the petition
`
`and my Declaration.
`
`20.
`
`I am being compensated at my normal consulting rate for my work.
`
`21. My compensation is not dependent on and in no way affects the
`
`substance of my statements in this Declaration.
`
`22.
`
`I have no financial interest in Petitioners. I similarly have no financial
`
`interest in the ’982 patent.
`
`II. LEGAL PRINCIPLES
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`6
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`I have been informed that a claim is invalid as anticipated under Pre-
`
`23.
`
`AIA 35 U.S.C. § 102(a) if “the invention was known or used by others in this
`
`country, or patented or described in a printed publication in this or a foreign
`
`country, before the invention thereof by the applicant for patent.” I have also been
`
`informed that a claim is invalid as anticipated under Pre-AIA 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.” Further I have been
`
`informed that a claim is invalid as anticipated under Pre-AIA 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.
`
`24.
`
`I have been informed that a claim is invalid as obvious under Pre-AIA
`
`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
`been obvious at the time the invention was made to a person having
`ordinary skill in the art to which [the] subject matter pertains.
`
`25.
`
`I understand that a claimed invention would have been obvious, and
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`7
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`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
`26. 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.
`
`IV. OVERVIEW OF THE ’982 PATENT
`27. The ’982 patent is directed to a laser sustained plasma light source for
`
`use in, for example, testing and inspection for semiconductor manufacturing. As
`
`shown in Figure 1, reproduced below, the light source includes: (1) a chamber 128
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`(outlined in green), (2) an ignition source 140 (outlined in blue) for generating a
`
`plasma 132, and (3) a laser 104 (outlined in red) for providing energy to the plasma
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`132 to produce a high brightness light 136. (’982 patent at 1:46-50 (Ex. 1301).)
`
`The ’982 patent identifies several types of “ignition sources,” such as “electrodes”
`
`(shown below) and “pulsed lasers” (not shown). (’982 patent at 7:7-24 (Ex.
`
`1301).)
`
`
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`’982 patent, Fig. 1 (Ex. 1301) (Annotated)
`
`28. 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 at 1:20-40 (Ex. 1301).) Thus, a need allegedly arose
`
`for a way to sustain plasma without relying on an electrical discharge from
`
`electrodes. (’982 patent at 1:20-40 (Ex. 1301).) The alleged invention involves
`
`using a laser to provide energy to sustain the plasma to produce a “high brightness”
`
`light. (See, e.g., ’982 patent at 1:46-50 (Ex. 1301).)
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`9
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`29. As discussed below, there was nothing new or inventive 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
`
`30. 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. 1301).)
`
`31.
`
`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
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`Allowability dated Aug. 28, 2008 at 3 (Ex. 1305).) Thus, the Examiner recognized
`
`that using a laser to generate a plasma light source was not inventive.
`
`32. 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 2-3 (Ex. 1305).)
`
`33. The Examiner did not consider Gärtner, which was not of record
`
`during the prosecution of the ’982 patent. Gärtner discloses an ignition source that
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`generates the plasma and a laser beam that sustains the plasma to produce a high
`
`brightness light. In fact, as further discussed 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
`34.
`I have applied the “broadest reasonable interpretation” standard in
`
`proposing the claim constructions below. However, based on my reading of the
`
`’982 patent’s specification and the ordinary meanings of the claim terms, the prior
`
`art teaches each claim limitation under any reasonable interpretation of the claim
`
`terms. My analysis is not dependent on application of the “broadest reasonable
`
`interpretation” standard.
`
`A.
`“Light source”
`35. The term “light source” appears in challenged claims 2, 5-9, 12-15,
`
`20, 22, 28, and 29. “Light source” should be construed to mean “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), middle infrared (1 μm to 10 μm), or far
`
`infrared (10 μm to 1000 μm) regions of the spectrum.” (See Case No. IPR2015-
`
`01303 (Paper 15 at 6).)
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`11
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`36. The ordinary and customary meaning of “light source”1 is 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 (1 μm)), middle infrared (1 μm to 10 μm),
`
`or far infrared (10 μm to 1000 μm (1mm)) regions of the spectrum. (See, e.g.,
`
`William T. Silfvast, “Laser Fundamentals” at 4 (“Silfvast”) (Ex. 1307).) The
`
`Patent Owner publishes a data sheet which is consistent with the ordinary and
`
`customary meaning in referring to EUV wavelength 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. 1306).)
`
`37. 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 of a light source, such as the
`
`wavelength(s) of the light, will vary depending upon the application. (’982 patent
`
`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 at 6:47-49, 7:65-67, 8:6-9, 8:37-39 (Ex.
`
`1301).)
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`12
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`at 1:18-20 (Ex. 1301).) 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 at 7:65-67 (Ex. 1301);
`
`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) (Ex. 1301).)
`
`38. Therefore, the term “light source” should be construed to mean “a
`
`source of electromagnetic radiation in the extreme ultraviolet (10 nm to 100 nm),
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`vacuum ultraviolet (100 nm to 200 nm), ultraviolet (200 nm to 400 nm), visible
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`(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.” (See Case
`
`No. IPR2015-01303 (Paper 15 at 6).)
`
`B.
` “High brightness light”
`39. All of the challenged claims recite the term “high brightness light.”
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`For purposes of this proceeding, the term “high brightness light” should be
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`construed to include “light sufficiently bright to be useful for: inspection, testing or
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`measuring properties associated with semiconductor wafers or materials used in
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`the fabrication of wafers, or as a source of illumination in a lithography system
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`used in the fabrication of wafers, a microscopy system, a photoresist curing
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`system, or an endoscopic tool.” (See Case No. IPR2015-01303 (Paper 15 at 6).)
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`13
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`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`40. The ’982 patent defines “brightness”2 as “the power radiated by a
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`source of light per unit surface area onto a unit solid angle.” (’982 patent at 4:46-
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`47 (Ex. 1301).) The brightness of the light produced by a light source
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`“determines” the ability of a system or operator to “see or measure things [] with
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`adequate resolution.” (Id. at 4:47-51 (Ex. 1301).) Accordingly, the brightness of a
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`light source is associated with the ability to see a surface, or measure its properties.
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`41. The ’982 patent recognizes that various uses for high brightness light
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`existed before the ’982 patent was filed. The patent recognizes in the Background
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`of the Invention that, “[f]or example, a high brightness light source can be used for
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`inspection, testing or measuring properties associated with semiconductor wafers
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`or materials used in the fabrication of wafers (e.g., reticles and photomasks).”
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`(’982 patent at 1:11-14 (Ex. 1301).) It also identifies light sources that can be used
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`“as a source of illumination in a lithography system used in the fabrication of
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`wafers, a microscopy system[], or a photoresist curing system” as further examples
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`of high brightness light sources. (’982 patent at 1:11-17 (Ex. 1301).) Additionally,
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`it describes and claims “a wafer inspection tool, a microscope, a metrology tool, a
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`lithography tool, [and] an endoscopic tool” as tools for which the high brightness
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`2 Although the ’982 patent uses the term “brightness,” “spectral brightness” is the
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`more common term in optics and lasers. “Spectral brightness” refers to the optical
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`power radiated per unit of wavelength (nm) into a steradian, the unit of solid angle.
`
`14
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`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`light is produced. (’982 patent at 2:33-38, 10:11-14 (Ex. 1301).) More generally,
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`the patent acknowledges that the brightness and other parameters of the light “vary
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`depending upon the application.” (’982 patent at 1:18-20 (Ex. 1301).)
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`42. The Patent Owner has argued that the term “high brightness light”
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`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
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`as xenon or mercury arc lamps,” which is similar to the construction proposed
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`below but omits some of the applications for high brightness light specifically
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`described in the ’982 patent. (See Second Declaration of Donald K. Smith, Ph.D.
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`in Support of Energetiq’s Reply Brief in Support of its Motion for Preliminary
`
`Injunction, dated Mar. 17, 2015 (“Second Smith Decl.”) at 6 (Ex. 1308).)
`
`43. Therefore, for purposes of this proceeding, the term “high brightness
`
`light” should be interpreted 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.” (See Case No. IPR2015-01303
`
`(Paper 15 at 6).)
`
`15
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`
`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`VI. 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 or inventive 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
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`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
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`example, in 1983, Gärtner et al. filed a patent application entitled “Radiation
`
`source for optical devices, notably for photolithographic reproduction systems,”
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`which published on May 3, 1985 as French Patent Application No. 2554302
`
`(“Gärtner,” Ex. 1304). Gärtner discloses a light source with the same features
`
`claimed in the ’982 patent: (1) a sealed chamber 1 (outlined in green); (2) an
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`ignition source – pulsed laser 10 (outlined in blue), which generates a plasma 14;
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`and (3) a laser to produce light – laser 9 (outlined in red), which provides energy to
`
`the plasma 14 and produces light 15.
`
`16
`
`
`
`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`
`
`
`
`
`’982 patent, Fig. 1 (Ex. 1301)
`
`
`
` (Annotated)
`
`
`
`
`
`
`
`Gärtner, Fig. 1 (Ex. 1304)
`
`
`
`
`
`(Annotated)
`
`45. Thus, the purportedly novel features of the ’982 patent are nothing
`
`
`
`
`more than standard features of laser sustained plasma light sources that were
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`known as early as the 1980s.
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`VII. GROUNDS FOR FINDING THE CHALLENGED CLAIMS INVALID
`46. Specific grounds for finding the challenged claims invalid are
`
`identified below. These grounds demonstrate in detail that each of the challenged
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`claims 2, 5-9, 12-15, 20, 22, 28, 29, 35, and 36 is invalid under 35 U.S.C. § 102 or
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`35 U.S.C. § 103.
`
`A. Claims From Which The Challenged Claims Depend
`47. Petitioners previously filed a petition challenging claims 1, 3, 4, 26,
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`and 30. (See Case No. IPR2015-01303 (Paper 2).) On November 30, 2015, the
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`17
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`
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`U.S. Patent 7,435,982
`Declaration of J. Gary Eden, Ph.D.
`Board instituted inter partes review on all claims challenged in that petition. (See
`
`Case No. IPR2015-01303 (Paper 15).) The challenged claims depend from claims
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`1, 3, 4, 26, and 30. Accordingly, I describe in detail below why each of claims 1,
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`3, 4, 26, and 30 is invalid under 35 U.S.C. § 102 or 35 U.S.C. § 103.
`
`Claim 1 is Anticipated by Gärtner
`
`1.
`48. An overview of Gärtner is provided in Section VI, supra. As further
`
`explained on a limitation-by-limitation basis below, claim 1 of the (cid:1932)982 patent is
`
`anticipated by Gärtner.
`
`a)
`49. Gärtner discloses “[a] light source” as recited in claim 1. For
`
`Claim 1 - Preamble - “[a] light source”
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`example, Gärtner discloses a “radiation source for optical devices,” which is a light
`
`source. (Gärtner at 1:1-4, Figs. 1-4 (Ex. 1304).) Gärtner’s light source can be used
`
`for applications, such as “illuminating a photoresist.” (Id. at 1:4 (Ex. 1304); see
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`also ’982 patent at 1:20-24 (admitting light sources were known in the art) (Ex.
`
`1301).)
`
`b)
`50. Claim 1 recites “a chamber.” (’982 pate