`U.S. Patent No. 6,538,324
`
`
`Filed on behalf of Godo Kaisha IP Bridge 1
`
`By: Michael J. Fink (mfink@gbpatent.com)
`Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, Virginia 20191
`Tel: (703) 716-1191
`Fax: (703) 716-1180
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LIMITED,
`Petitioner,
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`____________
`
`Case IPR2016-01249
`U.S. Patent No. 6,538,324
`____________
`
`PATENT OWNER’S PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. §42.107
`
`
`Mail Stop PATENT BOARD, PTAB
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`TABLE OF CONTENTS
`
`INTRODUCTION ....................................................................................... 1
`
`THE ‘324 PATENT ..................................................................................... 2
`
`I.
`
`II.
`
`A.
`
`B.
`
`C.
`
`Background........................................................................................ 2
`
`The ‘324 Patent Claims A First Film Composed Of Crystalline
`Metal Containing Nitrogen Therein, And A Second Film
`Composed Of Amorphous Metal Nitride ........................................... 3
`
`The ‘324 Patent Teaches That A Film Composed Of Crystalline
`Metal Containing Nitrogen Therein Is Formed By Increasing
`The RF Power In The Sputter Chamber .......................................... 5
`
`III. LEVEL OF ORDINARY SKILL ................................................................12
`
`IV. CLAIM CONSTRUCTION ........................................................................12
`
`A.
`
`B.
`
`C.
`
`“Said First Film Being Composed Of Crystalline Metal
`Containing Nitrogen Therein” ...........................................................13
`
`“Said Second Film Being Composed Of Amorphous Metal
`Nitride” .............................................................................................15
`
`The Figures In The ‘324 Patent Further Support the Proposed
`Claim Constructions .........................................................................16
`
`V.
`
`PRIOR ART ...............................................................................................19
`
`A. U.S. Patent No. 6,887,353 (“Ding”) ..................................................19
`
`1.
`
`Ding Does Not Disclose A Tantalum Layer
`Containing Nitrogen ...............................................................20
`
`a.
`
`b.
`
`“Ta” in Ding refers to pure tantalum .............................21
`
`Ding describes an apparatus to form a layer of
`pure tantalum ................................................................22
`
`
`
`i
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`c.
`
`Ding’s prosecution history establishes that the
`tantalum layer is pure tantalum .....................................23
`
`Ding Does Not Disclose A First Film Being Composed
`Of Crystalline Metal ...............................................................25
`
`Ding Does Not Disclose A Second Film Being Composed
`Of Amorphous Metal Nitride ..................................................25
`
`Ding Discloses Reducing The DC Power To Form A
`Ta Layer Over A TaN Layer ................................................26
`
`2.
`
`3.
`
`4.
`
`B. U.S. Patent No. 5,893,752 (“Zhang”) ................................................28
`
`1.
`
`2.
`
`3.
`
`Zhang Does Not Disclose A First Film Being Composed
`Of Crystalline Metal ...............................................................30
`
`Zhang Does Not Disclose A Second Film Being Composed
`Of Amorphous Metal Nitride ..................................................31
`
`Zhang Discloses Using A Low RF Power Level And Does
`Not Disclose Varying The RF Power Level ............................31
`
`VI. ARGUMENT..............................................................................................33
`
`A.
`
`B.
`
`C.
`
`Summary Of Argument .....................................................................33
`
`The Petition Fails to Provide Adequate Reasoning for
`Combining the Alleged Prior Art ...................................................36
`
`Petitioner Has Not Demonstrated That There Is A Reasonable
`Likelihood That At Least One Of The Claims Challenged In
`The Petition Is Unpatentable .............................................................39
`
`1.
`
`Ding In View Of Zhang Does Not Disclose “Said First
`Film Composed Of Crystalline Metal Containing
`Nitrogen Therein” ................................................................40
`
`a.
`
`It would not have been obvious that Ding’s top Ta
`layer contains nitrogen in view of Zhang ......................40
`
`
`
`ii
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`b.
`
`c.
`
`d.
`
`Zhang teaches to remove nitrogen from the top
`layer ..............................................................................46
`
`It would not have been obvious to include nitrogen
`in Ding’s top Ta layer in view of Zhang........................47
`
`A POSITA would not have been motivated to
`combine Ding and Zhang to apply known
`techniques to yield predictable results ...........................51
`
`2.
`
`Ding In View Of Zhang Does Not Render Obvious A
`Second Film Being Composed Of Amorphous Metal
`Nitride.....................................................................................53
`
`VII. PETITIONER FILED TWO SEPARATE IPR PETITIONS
`CHALLENGING THE SAME CLAIMS OF THE ‘324 PATENT
`AND RELYING UPON THE SAME PRIOR ART AND EXHIBITS ........54
`
`VIII. CONCLUSION ..........................................................................................55
`
`
`
`
`
`iii
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`TABLE OF AUTHORITIES
`
`CASES
`
`Application of Shetty,
`566 F.2d 81 (C.C.P.A. 1977) .............................................................................38
`
`Cuozzo Speed Technologies, LLC v. Lee,
`No. 15-446, 579 U.S. __, slip. op. (U.S. Jun. 20, 2016)......................................13
`
`Epistar, Everlight, and Lite-On v. Trustees Of Boston University,
`IPR2013-00298 (Paper 18) .................................................................... 46, 51, 52
`
`Hansgirg v.Kemmer,
`102 F.2d 212 (C.C.P.A. 1939)............................................................................38
`
`In re Kahn,
`441 F.3d 977 (Fed. Cir. 2006) ............................................................................37
`
`In re Magnum Oil Tools International, Ltd.,
`__ F.3d __, Appeal No. 2015-1300 (Fed. Cir. July 25, 2016) .............................. 1
`
`In re Oelrich,
`666 F.2d 578 (C.C.P.A. 1981)...................................................................... 38, 39
`
`In re Rijckaert,
`9 F.3d 1531 (Fed. Cir. 1993) ........................................................................ 37, 38
`
`In re Robertson,
`169 F.3d 743 (Fed. Cir. 1999) .............................................. 30, 31, 37, 41, 44, 54
`
`In re Spormann,
`363 F.2d 444 (C.C.P.A. 1966)............................................................................38
`
`KSR Int’l Co. v. Teleflex Inc.,
`550 U.S. 398 (2007) ...........................................................................................37
`
`Par Pharmaceutical, Inc. v. TWI Pharmaceuticals, Inc.,
`773 F.3d 1186 (Fed. Cir. 2014) ..........................................................................37
`
`
`
`iv
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`STATUTES
`
`35 U.S.C. §313 ...................................................................................................... 1
`35 U.S.C. §315(d) .................................................................................................55
`35 U.S.C. §316(e) .................................................................................................36
`37 C.F.R. §42.1(d) ................................................................................................36
`
`
`REGULATIONS
`
`37 C.F.R. §42.100(b) ............................................................................................13
`37 C.F.R. §42.107 .................................................................................................. 1
`37 C.F.R. §42.108 ............................................................................................. 1, 39
`
`
`
`v
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`Exhibit 2001:
`
`
`Exhibit 2002:
`
`
`Exhibit 2003:
`
`
`Exhibit 2004:
`
`EXHIBIT LIST
`
`Chang, C.C., Chen, J.S. and Hsu, W.S., “Failure Mechanism of
`Amorphous and Crystalline Ta-N Films in the Cu/Ta
`N/Ta/SiO2 Structure.” Journal of The Electrochemical Society,
`151(11), pp.G746-G750 (2004).
`
`U.S. Patent Application No. 08/995,108, Amendment “A”
`Under 37 C.F.R. §1.111, dated February 1, 2000.
`
`“Amorphous.” Merriam-Webster.com. Accessed September 30,
`2016. http://www.merriam-webster.com/dictionary/amorphous.
`
`“Nitride.” Merriam-Webster.com. Accessed September 30,
`2016. http://www.merriam-webster.com/dictionary/nitride.
`
`
`
`
`vi
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`I.
`
`INTRODUCTION
`
`Patent Owner, Godo Kaisha IP Bridge 1 (“IP Bridge” or “Patent Owner”),
`
`submits this Preliminary Response to the Petition for Inter Partes Review
`
`(“Petition”) filed by Taiwan Semiconductor Manufacturing Company Limited
`
`(“TSMC” or “Petitioner”) on June 24, 2016, against U.S. Patent No. 6,538,324
`
`(Ex. 1001, “the ‘324 Patent”). The Petition challenges the patentability of claims
`
`1-3, 5-7 and 9 of the ‘324 patent (“the challenged claims”), but does not challenge
`
`claims 4, 8 and 10. This Preliminary Response is timely filed under 35 U.S.C.
`
`§313 and 37 C.F.R. §42.107.
`
`The Petition asserts that the challenged claims would have been obvious
`
`over the combination of U.S. Patent No. 6,887,353 (“Ding”) and U.S. Patent No.
`
`5,893,752 (“Zhang”). Petition, p.5. As explained herein, the Petition fails to
`
`demonstrate that there is a reasonable likelihood that at least one of the claims
`
`challenged in the petition is unpatentable. 37 C.F.R. §42.108. The Federal Circuit
`
`has recently held that “the Board must base its decision on arguments that were
`
`advanced by a party.” In re Magnum Oil Tools International, Ltd., __ F.3d __,
`
`Appeal No. 2015-1300, p.26 (Fed. Cir. July 25, 2016). The Court stated further
`
`that “while the PTO has broad authority to establish procedures for revisiting
`
`earlier-granted patents in IPRs, that authority is not so broad that it allows the PTO
`
`to raise, address, and decide unpatentability theories never presented by the
`
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`petitioner and not supported by record evidence.” Id. Accordingly, Patent Owner
`
`need not respond to arguments not raised in the Petition.
`
`Neither Ding nor Zhang discloses the “first film being composed of
`
`crystalline metal containing nitrogen therein” recited in the challenged claims.
`
`Ding discloses a first film of pure tantalum that does not contain nitrogen.
`
`Petition, pp.13, 18. Zhang does not disclose a first film composed of crystalline
`
`metal. No evidence of experiments or test results has been submitted showing the
`
`structure of any of Zhang’s films. Furthermore, the Petition does not identify
`
`evidence which establishes that the process disclosed in Ding alone or allegedly
`
`modified in view of Zhang would form a film “composed of crystalline metal
`
`containing nitrogen therein” as required by the challenged claims. For at least
`
`these reasons and the other reasons set forth herein, the Board should deny
`
`institution of this IPR proceeding.
`
`II. THE ‘324 PATENT
`
`A. Background
`
`The subject matter of the ‘324 patent relates to semiconductors having a
`
`copper wiring layer. Prior to the filing date of the ‘324 patent, aluminum was
`
`commonly used in the wiring layer of semiconductors. The ‘324 patent discloses
`
`that as semiconductors are designed to be smaller and smaller in size, it is
`
`necessary to have a wiring layer of copper rather than aluminum. Ex.1001, 1:13-
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`17. Copper has a lower resistivity than aluminum, but is more corrosive. Id., 1:18-
`
`21. The ‘324 patent further discloses that copper has a high diffusion rate in both
`
`silicon (Si) and silicon dioxide (SiO2), and if copper diffuses into a MOSFET (a
`
`metal–oxide–semiconductor field-effect transistor) formed on a silicon substrate,
`
`the copper would induce reduction in carrier lifetime. Id., 1:22-25. The ‘324
`
`patent also discloses the necessity “for a semiconductor device having a copper
`
`wiring layer to have a diffusion-barrier film for preventing diffusion of copper into
`
`an interlayer insulating film formed between copper wiring layers.” Id., 1:26-30.
`
`The ‘324 patent specifically discloses several problems with conventional barrier
`
`films for preventing copper diffusion, including “that it is quite difficult to make a
`
`diffusion-barrier film have both a characteristic of preventing copper diffusion and
`
`a sufficient adhesive force with copper.” Id., 2:55-2:61.
`
`B.
`
`The ‘324 Patent Claims A First Film Composed Of Crystalline
`Metal Containing Nitrogen Therein, And A Second Film
`Composed Of Amorphous Metal Nitride
`
`The ‘324 patent discloses a multi-layered barrier film preventing diffusion of
`
`copper from a copper wiring layer formed on a semiconductor substrate which also
`
`provides sufficient adhesive force with copper. The barrier film has first and
`
`second films wherein the first film is composed of crystalline metal containing
`
`nitrogen therein, and the second film is composed of amorphous metal nitride. The
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`barrier film is constituted of common metal atomic species, and prevents copper
`
`diffusion from a copper wiring layer into a semiconductor device. The barrier film
`
`also has sufficient adhesion characteristic to both a copper film and an interlayer
`
`insulating film. Exhibit 1001, Abstract. Additionally, the first film is in direct
`
`contact with the second film, and the first film contains nitrogen in a smaller
`
`content than that of the second film. Id., 19:1-3.
`
`Fig. 21 of the ‘324 patent (depicted below) shows first film (18)1 composed
`
`of crystalline metal containing nitrogen therein, and second film (15) composed of
`
`an amorphous metal nitride film. See Exhibit 1001, 8:24-29; 13:15-23.
`
`
`
`1 There is a typographical error in Fig. 21. The crystalline metal film is identified
`
`as element 18 in Fig. 21, but the same film is described in the specification as
`
`
`
`element 16. Exhibit 1001, 13:15-23.
`
`
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`As shown in Fig. 21 above, first film 18 contains a crystalline or
`
`polycrystalline structure throughout and second film 15 contains an amorphous
`
`structure throughout. The first and second films form barrier film 17. Exhibit
`
`1001, 13:15-23.
`
`C. The ‘324 Patent Teaches That A Film Composed Of Crystalline
`Metal Containing Nitrogen Therein Is Formed By Increasing The
`RF Power In The Sputter Chamber
`
`As stated in the ‘324 patent, conventional barrier films for preventing copper
`
`diffusion were accompanied by problems. Exhibit 1001, 2:55-4:49. The ‘324
`
`patent teaches that a film composed of crystalline metal containing nitrogen can be
`
`formed by increasing the RF power in the sputter chamber:
`
`The method in accordance with the present invention makes it
`
`possible to successively form a diffusion-barrier film having a
`
`multi-layered structure of first and second films, by varying
`
`only power of an electric power source for generating plasma in
`
`sputtering in which gas containing nitrogen therein is
`
`employed. Herein, the first film is composed of crystalline
`
`metal containing nitrogen therein, and the second film is
`
`composed of amorphous metal nitride. The barrier film is
`
`constituted of metal atomic species of sputter target.
`
`Exhibit 1001, 6:53-62.
`
`The ‘324 patent discloses that to form an amorphous metal nitride film, “an
`
`electric power source for generating plasma is first set to generate relatively low
`
`
`
`5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`power with a concentration of nitrogen in plasma gas being kept constant.” Id.,
`
`6:63-65. “Immediately after the formation of the amorphous metal nitride film, the
`
`electric power source is set to generate relatively high power to thereby form a film
`
`without allowing sufficient time for reaction between nitrogen and target metal.
`
`As a result, there is obtained a crystalline metal film containing nitrogen therein.”
`
`Id., 7:1-7. Thus, to obtain a film composed of crystalline metal containing nitrogen
`
`therein, the ‘324 patent teaches to increase only the RF power level.
`
`Tantalum nitride can be crystalline or amorphous depending upon how it is
`
`deposited. Exhibit 2001, p.1.2 When the metal used to form the first and second
`
`films is tantalum (Ta), a lower RF power level, e.g., 2kW, yields an amorphous
`
`tantalum nitride film whereas a higher RF power level, e.g., 8kW, yields a
`
`crystalline tantalum film containing nitrogen therein. See Exhibit 1001, 12:62-
`
`13:33.
`
`The ‘324 patent teaches to maintain the nitrogen concentration and increase
`
`the RF power level in the sputter chamber to obtain a crystalline metal film
`
`deposited on top of an amorphous film:
`
`
`
`2 Exhibit 2001 is not prior art as the manuscript was received on June 11, 2003 and
`
`was not available electronically until October 7, 2004.
`
`
`
`6
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`There is still further provided a method of forming a diffusion-
`
`barrier film by RF magnetron sputtering, including the steps of
`
`(a) setting an electric power source for generation plasma to
`
`generate power having a first value, to thereby a first film,
`
`with a concentration of nitrogen in plasma gas being kept at a
`
`constant, and (b) setting the electric power source to generate
`
`power having a second value greater than the first value at
`
`the moment when the first film is formed by a predetermined
`
`thickness, to thereby form a second film on the first film.
`
`Id., 5:63-6:5 (emphasis added).
`
`Specifically, an electric power source for generating plasma is
`
`first set to generate relatively low power with a concentration
`
`of nitrogen in plasma gas being kept constant. A film is formed
`
`in such a condition. Target metal makes sufficient reaction with
`
`nitrogen, and resultingly, an amorphous metal nitride film is
`
`formed. Immediately after the formation of the amorphous
`
`metal nitride film, the electric power source is set to generate
`
`relatively high power to thereby form a film without allowing
`
`sufficient time for reaction between nitrogen and target metal.
`
`As a result, there is obtained a crystalline metal film
`
`containing nitrogen therein.
`
`Id., 6:63-7:7 (emphasis added).
`
`First, an electric power source for generating plasma is set
`
`to generate relatively low power with a concentration of
`
`nitrogen in plasma gas being kept constant. As a result, the
`
`target metal makes sufficient reaction with nitrogen, and an
`
`
`
`7
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`amorphous metal nitride film 15 is deposited over a surface
`
`of the second insulating film 12b, as illustrated in FIG. 4B.
`
`Then, immediately after the formation of the amorphous metal
`
`nitride film 15, the electric power source is set to generate
`
`relatively high power to thereby form a film without allowing
`
`sufficient time for reaction between nitrogen and the target
`
`metal. As a result, a crystalline metal film 16 containing
`
`nitrogen therein is formed on the amorphous metal nitride
`
`film 15.
`
`Id., 9:12-25 (emphasis added).
`
`Specifically, when RF power is equal to 2 kW, there is
`
`obtained amorphous Ta2N, as illustrated in FIG. 15. By
`increasing RF power, there is obtained crystalline TaN0.1.
`
`When RF power is equal to 8 kW, there is obtained a
`
`crystalline metal film containing nitrogen therein, which
`includes a β-Ta film and TaN0.1 in mixture.
`Id., 12:62-67: (emphasis added).
`
`When RF power is set equal to 2 kW, as is obvious in view of
`
`XRD illustrated in FIG. 15, there is not observed grain
`
`boundary, because a deposited film has an amorphous
`
`structure. In contrast, when RF power is set equal to 8 kW,
`
`as is obvious in view of XRD illustrated in FIG. 18, there is
`
`obtained a crystalline film including a β-Ta film and TaN0.1 in
`mixture, and having a pillar-like structure.
`
`Id., 13:4-10 (emphasis added).
`
`
`
`8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`That is, if Ta2N, which is an amorphous metal nitride film, is
`
`deposited at 2 kW of RF power, and RF power is increased
`
`up to 8 kW immediately when the film has acquired a
`
`desired thickness, the film is turned into a crystalline metal
`
`film containing nitrogen therein. As a result, as illustrated in
`
`FIG. 21, a diffusion-barrier film 17 is formed on a
`
`semiconductor substrate 11 where the diffusion-barrier film 17
`
`has a multi-layered structure comprised of an amorphous metal
`
`nitride film 15 and a crystalline metal film 16 containing
`
`nitrogen therein. Specifically, the amorphous metal nitride film
`15 is an amorphous Ta2N film, and the crystalline metal film 16
`is composed of crystalline β-Ta and crystalline TaN0.1 in
`mixture.
`
`Id., 13:11-23 (emphasis added).
`
`FIG. 22 is a SEM photograph of a cross-section of the
`
`diffusion-barrier film 17 which is formed by changing
`
`sputtering power from 2 kW to 8 kW while a TaN film is
`
`being deposited, to thereby successively deposit the
`
`crystalline metal film 16 and the amorphous metal nitride
`
`film 15 each by a thickness of about 500 angstroms. It is
`
`confirmed in FIG. 22 that the amorphous Ta2N film 15 and the
`crystalline metal film 16 containing nitrogen therein form a
`
`multi-layered structure.
`
`Id., 13:24-33 (emphasis added).
`
`
`
`9
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`The ‘324 patent explains how an amorphous metal nitride film is formed at a
`
`lower RF power level (2kW) and a crystalline metal film containing nitrogen
`
`therein is formed at a higher RF power level (8kW):
`
`When sputtering power is set equal to 2 kW, since a sputtering
`
`rate caused by argon ions is relatively low, there is sufficient
`
`time for a tantalum target to be nitrided by N2 at a surface
`thereof. Hence, the tantalum target is nitrided at a surface
`thereof, and turned into Ta2N. Since the thus produced Ta2N is
`sputtered by argon ions, a Ta2N film is deposited. However,
`when sputtering power is set equal to 8 kW, the tantalum target
`
`is sputtered by argon ions before a surface of the tantalum
`
`target is sufficiently nitrided. As a result, there is obtained a
`
`tantalum film slightly containing nitrogen.
`
`By utilizing the above-mentioned phenomenon, it is possible to
`
`form the diffusion-barrier film 17 having a multi-layered
`
`structure.
`
`Id., 13:35-50 (emphasis added).
`
`
`
`The ‘324 patent thus teaches forming a diffusion-barrier film having a multi-
`
`layered structure with a first film composed of a crystalline metal film containing
`
`nitrogen therein and a second film composed of amorphous metal nitride. The first
`
`film is in direct contact with the second film, and the percentage of nitrogen
`
`contained in the first film is less than that of the second film. The diffusion-barrier
`
`is formed by setting a RF power source for generating plasma in a sputter chamber
`
`
`
`10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`to generate power at a lower first level, i.e., 2kW, to form an amorphous metal
`
`nitride film, and then, while maintaining the nitrogen flow, increasing the RF
`
`power level, i.e., to 8kW, to form a crystalline metal film containing nitrogen
`
`therein on top of the amorphous metal nitride film. The ‘324 patent specifically
`
`teaches that sputtering tantalum (Ta) in the presence of argon and nitrogen gases at
`
`a RF power level of 2kW forms an amorphous tantalum nitride film, and that when
`
`a higher RF power lever is applied, i.e., 8kW, a crystalline tantalum film
`
`containing nitrogen therein is formed. Exhibit 1001, 12:62-13:33.
`
`The ‘324 patent discloses that “it is difficult to vary a flow rate of sputtering
`
`gas (that is, a pressure of sputtering gas) and N2 composition ratio in sputtering.
`
`Accordingly, it is necessary in practical use to keep both a flow rate of sputtering
`
`gas (that is, a pressure of sputtering gas) and N2 composition ratio constant, and to
`
`vary only RF power, to thereby control a crystalline structure, composition and
`
`resistivity of a film to be formed by sputtering.” Id., 12:41-49. The specification
`
`discloses that the level of nitrogen gas in the chamber is “kept constant” during the
`
`formation of the first and second films. Exhibit 1001, 9:13-25; 5:33-6:5; 6:53-7:7;
`
`18:31-35. A benefit of the invention is that it is possible to successively fabricate
`
`the barrier film in a common chamber, reducing apparatus cost and time for
`
`fabrication, “because that it is possible to successively form an amorphous metal
`
`nitride film and a crystalline nitrogen-containing metal film by instantaneously
`
`
`
`11
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`changing only RF power with a volume ratio of nitrogen gas to a process gas
`
`introduced into a chamber, being kept constant.” Id., 18:17-35. By increasing the
`
`RF power in the sputter chamber as taught by the ‘324 patent, a crystalline
`
`tantalum film containing nitrogen therein can be formed on an amorphous tantalum
`
`nitride film.
`
`III. LEVEL OF ORDINARY SKILL
`
`A person of ordinary skill in the art (“POSITA ”) at the time the application
`
`leading to the ’324 patent was filed would have at least a Bachelor’s degree in
`
`Electrical, Materials, Mechanical, or Chemical Engineering, or a related degree,
`
`and at least two years of experience working in semiconductor processing and
`
`fabrication, semiconductor equipment manufacturing, or semiconductor materials.
`
`As explained further herein, the Petition does not provide adequate
`
`reasoning based on rational underpinnings for why a POSITA would have
`
`modified the alleged prior art to arrive at the features of the challenged claims.
`
`IV. CLAIM CONSTRUCTION
`
`In an IPR, “[a] claim in an unexpired patent that will not expire before a
`
`final written decision is issued shall be given its broadest reasonable construction
`
`in light of the specification of the patent in which it appears.” 37 C.F.R.
`
`
`
`12
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`§42.100(b); see also Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, 579
`
`U.S. __, slip. op. at 13, 17-18 (U.S. Jun. 20, 2016).
`
`Petitioner asserts that the “broadest reasonable construction should be
`
`applied to all terms in the ‘324 patent” (Petition p.11), but does not provide
`
`definitions for any of the claim terms. Patent Owner asserts that all claim terms
`
`should be given their broadest reasonable construction in light of the specification
`
`of the ‘324 patent. Patent Owner asserts that at least the two following claim
`
`limitations recited in independent claims 1 and 5 should be construed by the Board:
`
`(1) “said first film being composed of crystalline metal containing nitrogen
`
`therein,” and (2) “said second film being composed of amorphous metal nitride.”
`
`A.
`
`“Said First Film Being Composed Of Crystalline Metal
`Containing Nitrogen Therein”
`
`Independent claims 1 and 5 recite “said first film being composed of
`
`crystalline metal containing nitrogen therein.” This claim limitation should be
`
`construed to mean “a first film is composed of a mixture of single crystalline or
`
`polycrystalline metal with nitrogen throughout.” This claim limitation requires
`
`that the first film contain a mixture of metal with nitrogen throughout the film. The
`
`‘324 patent specification explains that the first film (i.e., crystalline metal film 16
`
`containing nitrogen therein) is composed of metal and nitrogen “in mixture.”
`
`Exhibit 1001, 12:19-24; 12:62-67; 13:4-24; 13:57-63; 16:41-47. For example, the
`
`
`
`13
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`‘324 patent discloses a first film containing “β-Ta and TaN0.1 in mixture.” Id.,
`
`12:19-24.
`
`A POSITA would understand that implicit in this limitation, and in the term
`
`“mixture” from the specification, is a requirement that the metal and nitrogen must
`
`be present “throughout” the film, and not just in a portion of the film. The
`
`manufacturing method disclosed in the specification for creating the claimed film
`
`would always result in a mixture of metal and nitrogen throughout the film. As the
`
`specification discloses, both the first and second films are formed via sputtering,
`
`and although the power to the sputtering chamber is increased to switch from
`
`making the amorphous second film to the crystalline first film, the level of nitrogen
`
`gas in the chamber is “kept constant.” Exhibit 1001, 9:13-25; 5:33-6:5; 6:53-7:7;
`
`18:31-35. Indeed, one of the stated benefits of the invention is that it is possible to
`
`successively fabricate the barrier film in a common chamber, reducing apparatus
`
`cost and time for fabrication, “because that it is possible to successively form an
`
`amorphous metal nitride film and a crystalline nitrogen-containing metal film by
`
`instantaneously changing only RF power with a volume ratio of nitrogen gas to a
`
`process gas introduced into a chamber, being kept constant.” Id., 18:17-35.
`
`Maintaining the level of nitrogen gas in the chamber constant during the sputtering
`
`process necessarily results in nitrogen throughout the films.
`
`
`
`14
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`Accordingly, the claim limitation “said first film being composed of
`
`crystalline metal containing nitrogen therein,” should be construed to mean “a first
`
`film is composed of a mixture of single crystalline or polycrystalline metal with
`
`nitrogen throughout.”
`
`B.
`
`“Said Second Film Being Composed Of Amorphous Metal
`Nitride”
`
`The phrase “said second film being composed of amorphous metal nitride,”
`
`also recited in independent claims 1 and 5, should be construed to mean “a second
`
`film is composed of a noncrystalline metal nitride throughout.”
`
`The term “amorphous” should be construed to mean “noncrystalline,” which
`
`is consistent with a dictionary definition.3 The term “nitride” should be construed
`
`to mean “a compound containing nitrogen,” which is also consistent with a
`
`dictionary definition.4
`
`
`
`3 An exemplary dictionary definition of “amorphous” is “having no real or
`
`apparent crystalline form.” http://www.merriam-webster.com/dictionary/
`
`amorphous; Exhibit 2003.
`
`4 An exemplary dictionary definition of “nitride” is “a binary compound of
`
`nitrogen with a more electropositive element.” http://www.merriam-webster.com/
`
`dictionary/nitride; Exhibit 2004.
`
`
`
`15
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR2016-01249 for
`U.S. Patent No. 6,538,324
`
`
`For reasons similar to those set forth in the preceding section, the second
`
`film being composed of amorphous metal nitride requires that the second film is
`
`composed of metal nitride throughout. The claim requires a film composed of
`
`amorphous metal nitride, not a portion of the film composed of amorphous metal
`
`nitride and another portion of the film with no nitride (i.e., a compound containing
`
`nitrogen). Thus, the second film