`
`Case IPR2016-01264 for
`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 IPR2016-01264
`U.S. Patent No. 6,538,324
`____________
`
`PATENT OWNER’S CONTINGENT MOTION TO AMEND
`PURSUANT TO 37 C.F.R. § 42.121
`
`
`
`Mail Stop PATENT BOARD, PTAB
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
`
`Pursuant to 37 C.F.R. § 42.121 and the Order dated February 22, 2013
`
`(Paper No. 13), Godo Kaisha IP Bridge 1 (“Patent Owner”) hereby submits this
`
`Contingent Motion to Amend (“Motion”). This Motion is being filed separately in
`
`both IPR2016-001249 and IPR2016-001264, and is substantively similar by
`
`submitting the same Substitute Claims and pointing out, in the same manner, that
`
`the contingent Substitute Claims are patentable over the documents of record in
`
`each IPR proceeding, known to Patent Owner and of record in U.S. Patent No.
`
`6,538,324 (“the ‘324 patent”).
`
`Authorization is hereby provided to charge any fee that is necessary for
`
`entry and/or consideration of this Motion and/or to substitute claims in the ‘324
`
`patent to Deposit Account No. 19-0089.
`
`I.
`
`Statement of Relief Requested
`
`Patent Owner hereby moves to amend the ‘324 patent contingent upon
`
`whether instituted claims 5, 7 and/or 9 are found unpatentable in the present IPR
`
`proceeding. See 37 C.F.R. § 42.121. If instituted claim 5 is found to be
`
`unpatentable, Patent Owner requests that the Board cancel claim 5 and replace it
`
`with Substitute Claim 11, and/or if instituted claim 9 is found to be unpatentable,
`
`Patent Owner requests that the Board cancel claim 9, and replace it with Substitute
`
`Claim 12 and/or if instituted claim 7 is found to be unpatentable, Patent Owner
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`1
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`requests that the Board cancel claim 7 and replace it with Substitute Claim 13. See
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`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`37 C.F.R. § 42.22(a)(1); see also 35 U.S.C. § 316(d).
`
`II. The Motion and Proposed Amendments Comply with § 42.121
`
`Consistent with the requirements of 37 C.F.R. § 42.121, Patent Owner
`
`conferred with the Board on February 21, 2017.
`
`Patent Owner’s proposed amendments are responsive to the grounds of
`
`unpatentability because trial was instituted on claims 1-3, 5-7, and 9 (“challenged
`
`claims”), and the proposed amendments are to claims 5, 7 and 9. See Paper No. 7
`
`at 17; see also 37 C.F.R. § 42.121(a)(2)(i). The grounds of unpatentability for
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`claims 1-3, 5-7, and 9 was under 35 U.S.C. § 103(a) over (1) U.S. Patent No.
`
`5,893,752 to Zhang in view of U.S. Patent No. 6,887,353 to Ding, and (2) Zhang in
`
`view of Ding in further view of Sun (collectively “Zhang in view of Ding, alone or
`
`in further view of Sun”). See Paper No. 7 at 8-17. The grounds involved
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`Petitioner’s position that, “It would have been obvious to a POSITA at the time of
`
`the application leading to the ’324 patent that the two-layer diffusion barrier
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`consisting of a crystalline Ta film and an amorphous TaNx film in Ding would
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`have been usable as the two-layer diffusion barrier in Zhang, as both prior-art
`
`references teach the same diffusion-barrier structure for the same purpose of
`
`preventing copper diffusion and providing good adhesion to a copper layer, and
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`both use Ta-based thin films fabricated using similar sputtering-deposition
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`2
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`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`techniques.” The Petitioner contended that, “the POSITA would have found it
`
`obvious to modify Zhang to ensure the top film (32) of the two-layer diffusion
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`barrier is crystalline and the bottom film (22) is amorphous given the teachings of
`
`Ding. Petition, p.17.
`
`The Board did not adopt Patent Owner’s proposed claim constructions for
`
`limitations recited in independent claims 1 and 5 of the ‘324 patent. The Board
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`stated that the limitations construed by Patent Owner did not require express
`
`construction, and did not require a mixture of crystalline metal with nitrogen
`
`throughout or a noncrystalline metal nitride throughout. Decision (Paper 7), pp. 7
`
`and 11-12.
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`Institution of the IPR proceeding was granted because the Board concluded
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`that there is a reasonable likelihood Petitioner would prevail in showing that
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`Claims 1 and 5 would have been obvious over Zhang in view of Ding because
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`Petitioner points out that Zhang and Ding teach similar two-layer diffusion
`
`barriers; and Petitioner identifies teachings from Ding that would have motivated a
`
`person of ordinary skill in the art to make the respective layers of Zhang
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`amorphous and crystalline. Decision (Paper 7), pp. 12-13.
`
`The Decision further found that Sun, in addition to Ding, evidenced that it
`
`would have been obvious to a PHOSITA to make Zhang’s tantalum nitride film
`
`amorphous. Decision (Paper 7), p. 16.
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`3
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`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`If the Board continues to refuse to adopt Patent Owner’s proposed claim
`
`constructions, or finds that the challenged claims are unpatentable under Patent
`
`Owner’s proposed claim constructions, Patent Owner amends claims 5, 7 and 9 to
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`more explicitly recite the claimed subject matter and add an additional limitation.
`
`Proposed Substitute Claim 11 (which is to be substituted for claim 5), Substitute
`
`Claim 12 (which is to be substituted for claim 9) and Substitute Claim 13 (which is
`
`to be substituted for claim 7) more explicitly recite the claimed subject matter.
`
`Additionally Substitute Claim 13 provides an additional limitation.
`
`Thus, the proposed amendments even more explicitly recite the subject
`
`matter of independent claim 5 and dependent claim 9 to address the Board’s
`
`interpretation of these claims. While claims 5 and 9 of the ‘324 patent should be
`
`construed to include language as included in the proposed Substitute Claims,
`
`Patent Owner submits that these claims are contingently submitted in the event that
`
`claims 5 and/or 9 of the ‘324 patent are held to be unpatentable. The proposed
`
`amendment further defines the subject matter recited in dependent claim 7, and is
`
`contingently submitted in the event that claim 7 of the ‘324 patent is held to be
`
`unpatentable.
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`More specifically, Substitute Claims 11-13 are as follows:
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`4
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`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`Claim 11
`
`Substitute Claim 11 further defines independent claim 5 by more explicitly
`
`reciting “the nitrogen being present throughout the first film.”
`
`Claim 12
`
`Substitute Claim 12 further defines claim 9 which depends upon and
`
`therefore includes the limitations of independent claim 5, by more explicitly
`
`reciting “said copper film being in direct contact with said first film, wherein said
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`first film contains nitrogen in a portion being in contact with said copper film.”
`
`Substitute Claim 12 has been written in independent form including all the
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`limitations of original claim 5.
`
`Claim 13
`
`Substitute Claim 13 further defines dependent claim 7 by even more
`
`explicitly reciting “wherein said first film being composed of crystalline metal
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`containing nitrogen therein is a solid solution”; by reciting “wherein a copper film
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`is formed on and in direct contact with said first film”; and by changing its
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`dependency to depend upon Substitute Claim 11.
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`
`
`Thus, it is seen that the Substitute Claims include the original claim
`
`language and additional language to either more explicitly recite the original claim
`
`language (Substitute Claims 11-13) or recite an additional feature (Substitute
`
`Claim 13). By reciting original claim language in its entirety, and by either more
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`5
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`explicitly reciting limitations or adding a limitation to a claim, the amendments do
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`not enlarge the scope of the claims. Furthermore, new subject matter is not
`
`introduced. 37 C.F.R. § 42.121(a)(2)(ii).
`
`As will be set forth below, Substitute Claims 11-13 are patentable over the
`
`instituted grounds of patentability and also are patentable over the prior art of
`
`record and prior art known to Patent Owner.
`
`Patent Owner has presented a reasonable number of substitute claims: three
`
`Substitute Claims are proposed, one substitute for independent claim 5; and one
`
`substitute claim for each of dependent claims 7 and 9. 37 C.F.R. § 42.121(a)(3).
`
`The Motion includes a claim listing (Appendix A) and identifies support in
`
`the original disclosure for the proposed amendments. See 37 C.F.R. § 42.121(b)(1).
`
`In this regard, it is noted that Patent Owner claims priority to Japanese Patent
`
`Application No. 11-214110, filed June 24, 1999, which also supports the Substitute
`
`Claims. However, because no intervening prior art has been asserted in the present
`
`proceeding, an English translation of the Japanese priority application and
`
`supporting disclosure therein is not presented with this Motion. See 37 C.F.R. §
`
`42.121(b)(2). Patent Owner preserves its right to establish support for claimed
`
`subject matter in the Japanese priority application in the event that intervening
`
`prior art is asserted in this or any other proceeding. Accordingly, Patent Owner
`
`has satisfied all requirements of 37 C.F.R. § 42.121.
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`6
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`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`III. Claim Listing
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`Patent Owner’s claim listing is attached hereto as Appendix A. See 37
`
`C.F.R. §42.121(b). Currently, the ’324 patent contains claims 1-10. Trial was
`
`instituted on only claims 1-3, 5-7 and 9. See Paper No. 7, p. 16.
`
`The claim listing includes issued claims 1-10 and the proposed Substitute
`
`Claims 11-13. Other than reformatting claim 9 into independent form, the only
`
`amendments made to the claims are the explicit recitations noted in Section II
`
`above.
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`IV. Claim Constructions
`
`Patent Owner asserts that the broadest reasonable interpretation (“BRI”) of
`
`“said first film being composed of crystalline metal containing nitrogen therein” is
`
`“a first film consisting essentially of a mixture of single crystalline or
`
`polycrystalline metal with nitrogen throughout.”
`
`For the reasons set forth in Patent Owner’s Response at pp. 8-20, in an IPR,
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`claim terms in an unexpired patent are given their broadest reasonable construction
`
`in light of the specification of the patent. 37 C.F.R. § 42.100(b). Under the BRI
`
`standard, claim terms generally are given their ordinary and customary meaning, as
`
`would be understood by one of ordinary skill in the art in the context of the entire
`
`disclosure. See In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007).
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`Claims, however, must be construed reasonably in light of the specification and
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`7
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`Case IPR2016-01264 for
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`the patent’s prosecution history. A construction that is “unreasonably broad” and
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`which does not “reasonably reflect the plain language and disclosure” will not pass
`
`muster. Microsoft Corp. v. Proxyconn, Inc., 789 F.3d 1292, 1298 (Fed. Cir. 2015).
`
`However, to the extent that the Board construes the claims of the ‘324 patent
`
`to not include a first film wherein the nitrogen is present throughout, claim 5 as
`
`Substitute Claim 11; claim 9 as Substitute Claim 12; and claim 7 as Substitute
`
`Claim 13 are presented herein.
`
`As noted above, Substitute Claim 11 further defines independent claim 5 by
`
`more explicitly reciting “the nitrogen being present throughout the first film;”
`
`Substitute Claim 12 further defines claim 9 by more explicitly reciting “said
`
`copper film being in direct contact with said first film, wherein said first film
`
`contains nitrogen in a portion being in contact with said copper film;” and
`
`Substitute Claim 13 further defines Substitute Claim 11 by more explicitly reciting
`
`“wherein said first film being composed of crystalline metal containing nitrogen
`
`therein is a solid solution” and by reciting “wherein a copper film is formed on and
`
`in direct contact with said first film.”
`
`In the context of the ‘324 patent, the entire specification, including the
`
`general description of the invention, each of the examples and the brief description
`
`of drawings describes a diffusion barrier that a PHOSITA would readily
`
`understand necessarily includes nitrogen throughout the crystalline metal film.
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`8
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`Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`The presence of nitrogen throughout the crystalline metal film is not only readily
`
`apparent from its description of being a mixture or a solid solution, but also from
`
`the manner in which the first film is formed. Exhibit 2037, ¶¶ 33-36.
`
`The ‘324 patent specification differentiates a “crystalline metal film
`
`containing nitrogen therein” (Exhibit 1001, 12:19-23) from pure crystalline metal
`
`film (Id., 12:15-18), from amorphous metal nitride film (Id., 12:24-28), and from
`
`crystalline metal nitride film. (Id., 12:29-31). The ‘324 patent specification
`
`discloses mixtures and solid solutions. See Id., 12:19-24; 12:62-67; 13:4-24;
`
`13:57-63; 16:41-47; 8:24-28; 13:16-20; Fig. 21; Exhibit 2010; Exhibit 2037¶¶ 34,
`
`35.
`
`Because the ‘324 patent describes the first film as “crystalline metal film
`
`containing nitrogen therein” as a mixture or a solid solution, a PHOSITA would
`
`understand that the film contains crystalline metal and nitrogen throughout from
`
`the top of the upper surface to the bottom of the first film. Exhibit 2037, ¶35.
`
`The understanding that the first film contains crystalline metal and nitrogen
`
`throughout from the top of the upper surface to the bottom of the first film is
`
`apparent not only from the description of the barrier film in the ‘324 patent, but
`
`also upon the discovery upon which the invention is indicated to be based. Exhibit
`
`1001, 12:32-41. Each generally disclosed embodiment and each disclosed example
`
`in the ‘324 patent includes the “nitrogen in plasma gas being kept constant” when
`
`9
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`Case IPR2016-01264 for
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`forming the amorphous and crystalline layers. See Id., 6:63-7:12; Patent
`
`Application No. 09/596,415 (“the ‘415 application), pp. 9:29-10:7; 11:22-12:1;
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`21:20-25; 31:23-28 (Exhibit 1002; pp. 62-65, 74, 84; Exhibit 2037, ¶36.
`
`The ‘324 patent teaches that increasing the RF power while maintaining the
`
`N2 gas ratio will change the film’s structural characteristics from amorphous to
`
`crystalline metal film containing nitrogen therein. Exhibit 1001, 12:58-67. A
`
`PHOSITA would have understood a film that is produced with “nitrogen in plasma
`
`gas being kept constant” would have nitrogen present throughout the “crystalline
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`metal film containing nitrogen therein” so that a film “composed of crystalline
`
`metal containing nitrogen therein” would be understood to contain nitrogen
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`throughout the film, i.e., from the surface contacting the amorphous metal nitride
`
`layer to the upper surface for contacting the copper wiring layer. Exhibit 2037,
`
`¶¶35, 36.
`
`Thus, a PHOSITA would readily understand that nitrogen is present
`
`throughout the “crystalline metal film containing nitrogen therein”; that the first
`
`film contains nitrogen in the upper surface for contacting a copper film; and that
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`the first film being composed of crystalline metal containing nitrogen therein is a
`
`crystalline metal film containing nitrogen in mixture or solid solution. Exhibit
`
`2037, ¶36.
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`Accordingly, the Substitute Claims that more explicitly recite these features
`
`should not be considered to be changing claim scope.
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`V.
`
`Support in the Originally Filed Application Disclosure for Each
`Proposed Amended Claim
`
`Patent Application No. 09/596,415 (“the ‘415 application”), which issued as
`
`the ‘324 patent, was originally filed on June 19, 2000 (Exhibit 1002) provides
`
`support for the Substitute Claims.
`
`A.
`
`Support for Substitute Claims 11, 12 and 13 in the Originally
`Filed U.S. Application
`
`
`Support for the Substitute Claims is present in the originally filed U.S.
`
`application as shown in the Tables below (Exhibit 2037, ¶¶ 31-41):
`
`Substitute Claim 11
`
`Support in ‘415 application
`
`A multi-layered wiring structure
`
`At least p. 8:21-22; and claim 5 at
`
`comprising
`
`line 1 (p. 33); Ex. 1002, pp. 61, 86.
`
`a barrier film which prevents diffusion
`
`At least p. 8:22-23; and claim 5 at
`
`of copper from a copper wiring layer
`
`lines 1-3 (p.33); Ex. 1002, pp. 61, 86.
`
`formed on a semiconductor substrate,
`
`said barrier film having a multi-layered
`
`At least p. 8:23-24; and claim 5, at
`
`structure of first and second films,
`
`line 4; Ex. 1002, pp. 61, 86.
`
`said first film being composed of
`
`At least p. 8:24-25; and claim 5 at
`
`crystalline metal containing nitrogen
`
`lines 5-6 (p.33); Ex. 1002, pp. 61,86.
`
`therein,
`
`the nitrogen being present throughout
`
`See Item A below*
`
`the first film,
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`11
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`said second film being composed of
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`At least p. 8:25-26; and claim 5 at
`
`amorphous metal nitride,
`
`line 7 (p.33); Ex. 1002, pp. 61, 86.
`
`said barrier film being constituted of
`
`At least p. 8:26-27; and claim 5 at
`
`common metal atomic species,
`
`line 8 (p.33); Ex. 1002, pp. 61, 86.
`
`said first film being formed on said
`
`At least p. 8:16; and claim 6 (pp.33-
`
`second film,
`
`34); Ex. 1002, pp. 61, 86 and 87.
`
`said first film in direct contact with said
`
`At least p. 15:27-16:2; and Fig. 4B,
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`second film,
`
`amorphous metal nitride film 15 and
`
`a crystalline metal film 16 containing
`
`nitrogen therein; Ex. 1002, pp. 68, 69
`
`and 95.
`
`said first film containing nitrogen in a
`
`At least pp. 23:8-15; 28:17-20; Ex.
`
`smaller content than that of said second
`
`1002, pp. 76, 81.
`
`film.
`
`
`*Item A - The nitrogen being present throughout the first film: The presence of
`
`nitrogen throughout the first film is not only readily apparent from its description
`
`of being a mixture or solid solution, but also from the manner in which the first
`
`film is formed. Exhibit 2037, ¶¶33-36, 50-65.
`
`The ‘415 application specification consistently describes a “crystalline metal
`
`film containing nitrogen therein” as a film composed of crystalline metal and
`
`nitrogen “in mixture.” Exhibit 1002, pp. 74 (21:4-7); see also pp. 75 (22:6-10); 75
`
`(22:13-28); 76 (23:25-24:1); 81 (28:17-26); Exhibit 2037, ¶34.
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`12
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`As depicted in Fig. 21, the crystalline metal film containing nitrogen therein
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`is a “solid solution,” i.e., a homogenous, solid mixture of substance. Exhibit 1002,
`
`pp. 67 (14:8-11); 75 (22:22-25); and Fig. 21; Exhibit 2010; Exhibit 2036. Because
`
`the ‘415 application describes the first film as “crystalline metal film containing
`
`nitrogen therein” as a mixture or solid solution, a PHOSITA would understand that
`
`the film is homogeneous, i.e., contains crystalline metal and nitrogen throughout
`
`from the top of the upper surface to the bottom of the first film. Exhibit 2037,
`
`¶¶34, 35, 52, 53.
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`The discovery upon which the invention is indicated to be based, as
`
`discussed in the ‘324 application, for example, at p. 21:13-19, is included in each
`
`generally disclosed embodiment and each example in the ‘415 application. This
`
`discovery includes the “nitrogen in plasma gas being kept constant” when forming
`
`the amorphous and crystalline layers. See ‘415 application, pp. 9:29-10:7; 11:22-
`
`12:1; 21:20-25; 31:23-28 (Exhibit 1002; pp. 62-65, 74, 84); Exhibit 2037, ¶¶36, 64,
`
`65. The ‘415 application teaches that increasing the RF power while maintaining
`
`the N2 gas ratio will change the film’s structural characteristics from amorphous to
`
`crystalline metal film containing nitrogen therein. Exhibit 1002, pp. 64-65, 84
`
`(11:22-12:1; 31:23-28); Exhibit 2037, ¶36. “In accordance with this method, an
`
`upper film in the diffusion-barrier film inevitably contains nitrogen therein.”
`
`Exhibit 1002, p. 84 (31:27-28). A PHOSITA would have understood a film that is
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`13
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`produced with “nitrogen in plasma gas being kept constant” and increased RF
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`power would have nitrogen present throughout the “crystalline metal film
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`containing nitrogen therein.” Exhibit 2037, ¶36.
`
`Substitute Claim 12
`
`Support in ‘415 application
`
`A multi-layered wiring structure
`
`At least p. 8:21-22; and claim 5 at
`
`comprising
`
`line 1 (p. 33); Ex. 1002, pp. 61, 86.
`
`a barrier film which prevents diffusion of
`
`At least p. 8:22-23; and claim 5 at
`
`copper from a copper wiring layer formed
`
`lines 1-3 (p.33); Ex. 1002, pp. 61,
`
`on a semiconductor substrate,
`
`86.
`
`said barrier film having a multi-layered
`
`At least p. 8:23-24; and claim 5, at
`
`structure of first and second films,
`
`line 4; Ex. 1002, pp. 61, 86.
`
`said first film being composed of
`
`At least p. 8:24-25; and claim 5 at
`
`crystalline metal containing nitrogen
`
`lines 5-6 (p.33); Ex. 1002, pp. 61,
`
`therein,
`
`86.
`
`said second film being composed of
`
`At least p. 8:25-26; and claim 5 at
`
`amorphous metal nitride,
`
`line 7 (p.33); Ex. 1002, pp. 61, 86.
`
`said barrier film being constituted of
`
`At least p. 8:26-27; and claim 5 at
`
`common metal atomic species,
`
`line 8 (p.33); Ex. 1002, pp. 61, 86.
`
`said first film being formed on said second
`
`At least p. 8:16; and claim 6
`
`film,
`
`(pp.33-34); Ex. 1002, pp. 61, 86
`
`said first film in direct contact with said
`
`At least p. 15:27-16:2; and Fig.
`
`and 87.
`
`second film,
`
`
`
`4B, amorphous metal nitride film
`
`15 and a crystalline metal film 16
`
`containing nitrogen therein; Ex.
`
`14
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`1002, pp. 68, 69 and 95.
`
`said first film containing nitrogen in a
`
`At least pp. 23:8-15; 28:17-20; Ex.
`
`smaller content than that of said second
`
`1002, pp. 76, 81.
`
`film,
`
`a copper film formed on said first film,
`
`At least p. 9:1-2; and claim 10 (p.
`
`34); Ex. 1002, pp. 62 and 87.
`
`said copper film being in direct contact
`
`At least p. 10:29-11:3; Ex. 1002,
`
`with said first film,
`
`pp. 63-64.
`
`wherein said first film contains nitrogen in
`
`At least p. 30:20-24; Ex. 1002, p.
`
`a portion being in contact with said copper
`
`83; and see Item B below*
`
`film.
`
`
`*Item B - wherein said first film contains nitrogen in a portion being in
`
`contact with said copper film: As discussed in Item A above, nitrogen is present
`
`throughout the first film. Accordingly, with the copper film being in direct contact
`
`with the first film, the first film would contain nitrogen in a portion being in
`
`contact with the copper film. Exhibit 1002, p. 83 (30:20-24); Exhibit 2037, ¶¶38,
`
`39.
`
`Substitute Claim 13
`
`Support in ‘415 application
`
`The multi-layered wiring structure as set
`
`At least p. 8:21-22; and claim 5 at
`
`forth in claim [[5]] 11,
`
`line 1 (p. 33); Ex. 1002, pp. 61, 86.
`
`wherein said first film has a thickness in
`
`At least p. 9:19-20; and claim 8
`
`the range of 60 angstroms to 300
`
`(p.34); Ex. 1002, pp. 62, 87.
`
`angstroms both inclusive;
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`15
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`Case IPR2016-01264 for
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`wherein said first film being composed
`
`At least pp. 14:8-11; 22:22-25; and
`
`of crystalline metal containing nitrogen
`
`Fig. 21, Ex. 1002, pp. 67, 75.
`
`therein is a solid solution; and
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`a copper film is formed on and in direct
`
`At least pp. 9:1-2; 10:29-11:3; claim
`
`contact with said first film.
`
`5, at line 7, and claim 10 (pp. 33-34);
`
`Ex. 1002, pp. 62-64 and 87.
`
`
`VI. The Substitute Claims are Patentable.
`
`No prior art of record or other prior art known to Patent Owner anticipates or
`
`renders obvious Substitute Claims 11-13.
`
`With regard to anticipation, Petitioner has not proposed any grounds of
`
`rejection based on anticipation against any challenged claim of the ‘324 patent.
`
`With regard to obviousness, Petitioner has asserted obviousness rejections
`
`based upon Ding in view of Zhang, and Zhang in view of Ding, with or without
`
`Sun, in the ‘1249 and ‘1264 IPR proceedings. Patent Owner submits that all prior
`
`art known to Patent Owner, including the prior art of record in these proceedings,
`
`and the prior art of record in the ‘324 patent, does not teach or suggest the subject
`
`matter recited in Substitute Claims 11-13 for the reasons set forth in Patent Owners
`
`Responses and the reasons set forth below.
`
`A. Description of the State of the Prior Art and Patentable
`Differences Thereover
`
`
`In the late 1990s, there was a desire to use copper wiring layers in the
`
`manufacture of semiconductor devices. Exhibit 1001, 1:16. Copper, however, is
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`16
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`corrosive, and has a high diffusion rate in both silicon (Si) and silicon dioxide
`
`(SiO2). Id., 1:21-25; Exhibit 2037, ¶42.
`
`The ‘324 patent describes prior art attempts which formed unsatisfactory
`
`copper diffusion-barriers. Exhibit 1001, Fig. 2, 2:62-64 (depicting a single layer
`
`metal film composed of crystallized pillar structures); Fig. 3, 3:21-23 (depicting
`
`single layer metal film composed of amorphous particles). Barriers composed of
`
`crystallized pillar structures did not provide sufficient barrier characteristics to
`
`prevent copper diffusion. Id., 3:1-4. Barriers composed of amorphous particles did
`
`not allow subsequent copper to adhere well. Id., 3:29-33; Exhibit 2037, ¶¶43, 44.
`
`The ‘324 patent discloses an improved diffusion-barrier over the prior art
`
`diffusion barriers including the disclosed and claimed multi-layered barrier film
`
`that prevents copper diffusion and sufficiently adheres to 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 barrier film is constituted of common metal atomic species, the first
`
`film is formed on the second film and in direct contact with the second film, and
`
`the first film contains nitrogen in a smaller content than that of the second film.
`
`Exhibit 1001, 18:65-19:3; Exhibit 2037, ¶¶45, 46.
`
`The ‘324 patent teaches that an improved diffusion-barrier can be created by
`
`first forming an amorphous metal nitride film, and then forming a crystalline metal
`
`17
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`Case IPR2016-01264 for
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`film containing nitrogen therein on the amorphous metal nitride film. The ‘324
`
`patent discloses that increasing the RF power while maintaining the nitrogen gas
`
`ratio will change the film’s structural characteristics from amorphous to crystalline
`
`metal film containing nitrogen therein. Id., 12:58-67. In fact, the ‘324 patent
`
`discloses the invention is based on the discovery relating to the possibility “to
`
`control characteristics of a film to be formed by sputtering, by controlling both a
`
`concentration of nitrogen gas in sputtering gas and RF power.” Id., 12:37-39. As
`
`such, the multi-layered barrier film taught by the ‘324 patent does not have a pure
`
`metal surface, but rather has a crystalline metal layer containing nitrogen
`
`throughout the film, including the upper surface for contacting a copper layer. This
`
`is very different from the prior art films which purposefully stop the nitrogen flow
`
`to form a layer with a pure metal surface. Exhibit 2037, ¶¶36, 47-50, 74.
`
`Moreover, this is different from prior art known to Patent Owner which
`
`either used single layers as the barrier film or used various combinations of layers
`
`combined in a multi-layered barrier film. The single layers used in the prior art do
`
`not teach or suggest the multi-layered barrier film recited in the Substitute Claims.
`
`Exhibit 2037, ¶¶43, 44, 66-72. Moreover, multi-layered barrier films described in
`
`the prior art do not teach or suggest the specific structural relationship of the first
`
`film with the second film, and the features of the first film and second film recited
`
`in the Substitute Claims. Exhibit 2037, ¶¶66-72. This is readily apparent from the
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`18
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`Case IPR2016-01264 for
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`fact that neither Petitioner nor Petitioners in other IPR proceedings involving the
`
`‘324 patent have contended that the claims are unpatentable over any combination
`
`of the prior art cited during prosecution of the ‘324 patent.
`
`Patent Owner has reviewed prior art of which it is aware, including the prior
`
`art cited in the ‘324 patent and asserted in pending litigation. This prior art
`
`discloses single layer or multi-layered barrier films, but a PHOSITA would not
`
`have arrived at the subject matter recited in the Substitute Claims. Exhibit 2037,
`
`¶¶70-84.
`
`More specifically, Substitute Claims 11 and 12 are directed to multi-layered
`
`wiring structure comprising a barrier film which prevents diffusion of copper from
`
`a copper wiring layer formed on a semiconductor substrate. The barrier film is
`
`specifically recited to have a multi-layered structure of first and second films. The
`
`first film is composed of crystalline metal containing nitrogen therein. The second
`
`film is composed of amorphous metal nitride. The barrier film is constituted of
`
`common metal atomic species. The first film is formed on the second film, and the
`
`first film is in direct contact with the second film and contains nitrogen in a smaller
`
`content than that of the second film. Exhibit 2037, ¶67.
`
`In addition to the recited features of Substitute Claims 11 and 12 noted
`
`above, Substitute Claim 11 expressly recites that the nitrogen is present throughout
`
`the first film, and Substitute Claim 12 further includes a copper film formed on the
`
`19
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`
`
`first film, the copper film being in direct contact with the first film, and the first
`
`film contains nitrogen in a portion being in contact with the copper film. Exhibit
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`2037, ¶68.
`
`There is no prior art by itself nor is there any combination of prior art that
`
`teaches or suggests the recited combination of features. There is no teaching or
`
`suggestion in the prior art to provide a multi-layered barrier film having a film
`
`composed of amorphous metal nitride upon which is directly another film
`
`composed of crystalline metal containing nitrogen which contains nitrogen in a
`
`smaller content than that the film composed of amorphous metal nitride, wherein
`
`the nitrogen is present throughout the first film (Substitute Claim 11), or which
`
`further includes a copper film formed on the first film, the copper film being in
`
`direct contact with the first film, and the first film contains nitrogen in a portion
`
`being in contact with the copper film (Substitute Claim 12). Exhibit 2037, ¶¶69-
`
`70. Still further, Substitute Claim 13 further recites that the first film being
`
`composed of crystalline metal containing nitrogen therein is a solid solution; and
`
`that a copper film is formed on and in direct contact with said first film. There is
`
`no prior art that teaches or suggests this combination of features. Exhibit 2037,
`
`¶71.
`
`To achieve the barrier film structure recited in the Substitute Claims, it was
`
`necessary to arrive at a method capable of achieving the recited structure. Patent
`
`20
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`Owner submits that techniques for forming barrier films at the time of the
`
`invention of the ‘324 patent would not have arrived at the recited barrier film. The
`
`‘324 patent teaches that an improved diffusion-barrier can be created by first
`
`forming an amorphous metal nitride film, and then forming a crystalline metal film
`
`containing nitrogen therein on the amorphous metal nitride film. As noted above,
`
`the ‘324 patent discloses that increasing the RF power while maintaining the
`
`nitrogen gas ratio will change the film’s structural characteristics from amorphous
`
`to crystalline metal film containing nitrogen therein. Id., 12:58-67. As such, the
`
`multi-layered barrier film taught by the ‘324 patent does not have a pure metal
`
`surface, but rather has a crystalline metal layer containing nitrogen throughout the
`
`film, including the surface which contacts a copper layer. Moreover, the nitrogen
`
`in the crystalline metal layer containing nitrogen throughout
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