Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`Filed on behalf of Godo Kaisha IP Bridge 1
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`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
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LIMITED,
`Petitioner,
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`v.
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`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`____________
`
`Case IPR2016-01264
`U.S. Patent No. 6,538,324
`____________
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`PATENT OWNER’S PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. §42.107
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`
`Mail Stop PATENT BOARD, PTAB
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`TABLE OF CONTENTS
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`INTRODUCTION ....................................................................................... 1
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`THE ‘324 PATENT ..................................................................................... 3
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`I.
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`II.
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`A.
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`B.
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`C.
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`Background........................................................................................ 3
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`The ‘324 Patent Claims A First Film Composed Of Crystalline
`Metal Containing Nitrogen Therein, And A Second Film
`Composed Of Amorphous Metal Nitride ........................................... 4
`
`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
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`III. LEVEL OF ORDINARY SKILL ................................................................12
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`IV. CLAIM CONSTRUCTION ........................................................................13
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`A.
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`B.
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`C.
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`“Said First Film Being Composed Of Crystalline Metal
`Containing Nitrogen Therein” ...........................................................13
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`“Said Second Film Being Composed Of Amorphous
`Metal Nitride” ...................................................................................15
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`The Figures In The '324 Patent Further Support the Proposed
`Claim Constructions .........................................................................16
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`V.
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`PRIOR ART ...............................................................................................19
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`A. U.S. Patent No. 5,893,752 (“Zhang”) ................................................19
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`1.
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`2.
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`3.
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`Zhang Does Not Disclose A First Film Being Composed
`Of Crystalline Metal ...............................................................21
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`Zhang Does Not Disclose A Second Film Being Composed
`Of Amorphous Metal Nitride ..................................................22
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`Zhang Discloses Using A Low RF Power Level And Does
`Not Disclose Varying The RF Power Level ............................23
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`U.S. Patent No. 6,538,324
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`B. U.S. Patent No. 6,887,353 (“Ding”) ..................................................25
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`1.
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`Ding Does Not Disclose A Tantalum Layer Containing
`Nitrogen ..................................................................................25
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`a.
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`b.
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`c.
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`“Ta” in Ding refers to pure tantalum .............................26
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`Ding describes an apparatus to form a layer of pure
`tantalum ........................................................................28
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`Ding’s prosecution history establishes that the
`tantalum layer is pure tantalum .....................................29
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`Ding Does Not Disclose A First Film Being Composed
`Of Crystalline Metal ...............................................................30
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`Ding Does Not Disclose A Second Film Being Composed
`Of Amorphous Metal Nitride ..................................................31
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`Ding Discloses Reducing The DC Power To Form A Ta
`Layer Over A TaN Layer ........................................................32
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`2.
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`3.
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`4.
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`C.
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`Sun et al., “Properties of reactively sputter-deposited Ta-N
`thin films,” Thin Solid Films, 236 (1993) 347-351 (“Sun”) ...............33
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`VI. ARGUMENT..............................................................................................34
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`A.
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`B.
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`C.
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`Summary Of Argument .....................................................................34
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`The Petition Fails to Provide Adequate Reasoning for
`Combining the Alleged Prior Art ......................................................37
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`The Combined Teachings of Zhang In View Of Ding Does Not
`Render The Challenged Claims Obvious ..........................................40
`
`1.
`
`Zhang In View Of Ding Does Not Disclose “Said First
`Film Being Composed of Crystalline Metal Containing
`Nitrogen Therein Or “Said Second Film Being Composed
`of Amorphous Metal Nitride” .................................................42
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`a.
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`b.
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`The Claimed Crystalline And Amorphous Layers
`Are Not Obvious Over Zhang In View Of Ding ............44
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`A POSITA Would Not Have Found It Obvious To
`Combine The Teachings Of Zhang And Ding ...............46
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`i.
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`ii.
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`iii.
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`Zhang In View Of Ding Does Not Suggest A
`Film Containing Crystalline Metal And
`Nitrogen Throughout ..........................................47
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`Zhang In View Of Ding Suggests A Top Layer
`Of Pure Tantalum Having No Nitrogen To
`Improve Adhesion To Copper And Depositing
`Of A Copper Layer Having A High Crystal
`Orientation ..........................................................49
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`The Combination Of Zhang And Ding Would
`Not Predictably Result In A “Film Being
`Composed Of Crystalline Metal Containing
`Nitrogen Therein.” ..............................................52
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`D.
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`The Combined Teachings of Zhang And Ding In View Of Sun
`Do Not Render The Challenged Claims Obvious ..............................54
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`VII. PETITIONER FILED TWO SEPARATE IPR PETITIONS
`CHALLENGING THE SAME CLAIMS OF THE ‘324 PATENT
`AND RELYING UPON THE SAME PRIOR ART AND EXHIBITS ........56
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`VIII. CONCLUSION ..........................................................................................57
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`TABLE OF AUTHORITIES
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`CASES
`
`Application of Shetty,
`566 F.2d 81 (C.C.P.A. 1977) .............................................................................39
`
`Cuozzo Speed Technologies, LLC v. Lee,
`No. 15-446, 579 U.S. __, slip. op. at 13 (U.S. Jun. 20, 2016) .............................13
`
`Hansgirg v.Kemmer,
`102 F.2d 212 (C.C.P.A. 1939)............................................................................39
`
`In re Kahn,
`441 F.3d 977 (Fed. Cir. 2006) ............................................................................38
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`In re Magnum Oil Tools International, Ltd.,
`__ F.3d __, Appeal No. 2015-1300 (Fed. Cir. July 25, 2016) ........................... 1, 2
`
`In re Oelrich,
`666 F.2d 578 (C.C.P.A. 1981)...................................................................... 38, 39
`
`In re Rijckaert,
`9 F.3d 1531 (Fed. Cir. 1993) ..............................................................................38
`
`In re Robertson,
`169 F.3d 743 (Fed. Cir. 1999) ...................................................................... 22, 38
`
`In re Spormann,
`363 F.2d 444 (C.C.P.A. 1966)............................................................................39
`
`KSR Int’l Co. v. Teleflex Inc.,
`550 U.S. 398 (2007) ..................................................................................... 37, 38
`
`Par Pharmaceutical, Inc. v. TWI Pharmaceuticals, Inc.,
`773 F.3d 1186 (Fed. Cir. 2014) .................................................................... 38, 39
`
`STATUTES
`
`35 U.S.C. §103 .....................................................................................................37
`35 U.S.C. §313 ...................................................................................................... 1
`35 U.S.C. §315(d) .................................................................................................57
`35 U.S.C. §316(e) .................................................................................................37
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`REGULATIONS
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`37 C.F.R. §42.1(d) ................................................................................................37
`37 C.F.R. §42.100(b) ............................................................................................13
`37 C.F.R. §42.107 .................................................................................................. 1
`37 C.F.R. §42.108 ............................................................................................. 1, 40
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`Exhibit 2001:
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`Exhibit 2002:
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`Exhibit 2003:
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`Exhibit 2004:
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`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.
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`“Nitride.” Merriam-Webster.com. Accessed September 30,
`2016. http://www.merriam-webster.com/dictionary/nitride.
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`I.
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`INTRODUCTION
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`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
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`1-3, 5-7 and 9 of the ‘324 patent (“the challenged claims”), but does not challenge
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`claims 4, 8 and 10. This Preliminary Response is timely filed under 35 U.S.C.
`
`§313 and 37 C.F.R. §42.107.
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`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”), or in the alternative the combination of Zhang, Ding, and
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`Sun et al., “Properties of reactively sputter-deposited Ta-N thin films,” Thin Solid
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`Films, 236 (1993) 347-351 (“Sun”). Petition, p. 5. As explained herein, the
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`Petition fails to demonstrate that there is a reasonable likelihood that at least one of
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`the claims challenged in the petition is unpatentable. 37 C.F.R. §42.108. The
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`Federal Circuit has recently held that “the Board must base its decision on
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`arguments that were advanced by a party.” In re Magnum Oil Tools International,
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`Ltd., __ F.3d __, Appeal No. 2015-1300, p. 26 (Fed. Cir. July 25, 2016). The
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`Court stated further that “while the PTO has broad authority to establish
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`procedures for revisiting earlier-granted patents in IPRs, that authority is not so
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`broad that it allows the PTO to raise, address, and decide unpatentability theories
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`never presented by the petitioner and not supported by record evidence.” Id.
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`Accordingly, Patent Owner need not respond to arguments not raised in the
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`Petition.
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`Neither Zhang nor Ding discloses the “first film being composed of
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`crystalline metal containing nitrogen therein” recited in the challenged claims.
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`Zhang does not disclose a first film composed of crystalline metal. No evidence of
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`experiments or test results has been submitted showing the structure of any of
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`Zhang’s films. Additionally, Ding discloses a first film of pure tantalum that does
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`not contain nitrogen.
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`Sun does not disclose a multi-layered diffusion barrier, and thus does not
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`disclose, teach or suggest a barrier film that has first and second films wherein the
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`first film is composed of crystalline metal containing nitrogen therein, and the
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`second film is composed of amorphous metal nitride.
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`For at least these reasons and the other reasons set forth herein, the Board
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`should deny institution of this IPR proceeding.
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`II. THE ‘324 PATENT
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`A. Background
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` Case IPR2016-01264 for
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`The subject matter of the ‘324 patent relates to semiconductors having a
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`copper wiring layer. Prior to the filing date of the ‘324 patent, aluminum was
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`commonly used in the wiring layer of semiconductors. The ‘324 patent discloses
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`that as semiconductors are designed to be smaller and smaller in size, it is
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`necessary to have a wiring layer of copper rather than aluminum. Ex.1001, 1:13-
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`17. Copper has a lower resistivity than aluminum, but is more corrosive. Id., 1:18-
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`21. The ‘324 patent further discloses that copper has a high diffusion rate in both
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`silicon (Si) and silicon dioxide (SiO2), and if copper diffuses into a MOSFET (a
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`metal–oxide–semiconductor field-effect transistor) formed on a silicon substrate,
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`the copper would induce reduction in carrier lifetime. Id., 1:22-25. The ‘324
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`patent also discloses the necessity “for a semiconductor device having a copper
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`wiring layer to have a diffusion-barrier film for preventing diffusion of copper into
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`an interlayer insulating film formed between copper wiring layers.” Id., 1:26-30.
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`The ‘324 patent specifically discloses several problems with conventional barrier
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`films for preventing copper diffusion, including “that it is quite difficult to make a
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`diffusion-barrier film have both a characteristic of preventing copper diffusion and
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`a sufficient adhesive force with copper.” Id., 2:55-2:61.
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`B.
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`The ‘324 Patent Claims A First Film Composed Of Crystalline
`Metal Containing Nitrogen Therein, And A Second Film
`Composed Of Amorphous Metal Nitride
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`The ‘324 patent discloses a multi-layered barrier film preventing diffusion of
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`copper from a copper wiring layer formed on a semiconductor substrate which also
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`provides sufficient adhesive force with copper. The barrier film has first and
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`second films wherein the first film is composed of crystalline metal containing
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`nitrogen therein, and the second film is composed of amorphous metal nitride. The
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`barrier film is constituted of common metal atomic species, and prevents copper
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`diffusion from a copper wiring layer into a semiconductor device. The barrier film
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`also has sufficient adhesion characteristic to both a copper film and an interlayer
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`insulating film. Exhibit 1001, Abstract. Additionally, the first film is in direct
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`contact with the second film, and the first film contains nitrogen in a smaller
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`content than that of the second film. Id., 19:1-3.
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`Fig. 21 of the ‘324 patent (depicted below) shows first film (18)1 composed
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`of crystalline metal containing nitrogen therein, and second film (15) composed of
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`an amorphous metal nitride film. See Exhibit 1001, 8:24-29; 13:15-23.
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`1 There is a typographical error in Fig. 21. The crystalline metal film is identified
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`as element 18 in Fig. 21, but the same film is described in the specification as
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`element 16. Exhibit 1001, 13:15-23.
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`As shown in Fig. 21 above, first film 18 contains a crystalline or
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`polycrystalline structure throughout and second film 15 contains an amorphous
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`structure throughout. The first and second films form barrier film 17. Exhibit
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`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
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`As stated in the ‘324 patent, conventional barrier films for preventing copper
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`diffusion were accompanied by problems. Exhibit 1001, 2:55-4:49. The ‘324
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`patent teaches that a film composed of crystalline metal containing nitrogen can be
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`formed by increasing the RF power in the sputter chamber:
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`The method in accordance with the present invention makes it
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`possible to successively form a diffusion-barrier film having a
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`multi-layered structure of first and second films, by varying
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`only power of an electric power source for generating plasma in
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`sputtering in which gas containing nitrogen therein is
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`employed. Herein, the first film is composed of crystalline
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`metal containing nitrogen therein, and the second film is
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`composed of amorphous metal nitride. The barrier film is
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`constituted of metal atomic species of sputter target.
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`Exhibit 1001, 6:53-62.
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`The ‘324 patent discloses that to form an amorphous metal nitride film, “an
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`electric power source for generating plasma is first set to generate relatively low
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`power with a concentration of nitrogen in plasma gas being kept constant.” Id.,
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`6:63-65. “Immediately after the formation of the amorphous metal nitride film, the
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`electric power source is set to generate relatively high power to thereby form a film
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`without allowing sufficient time for reaction between nitrogen and target metal.
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`As a result, there is obtained a crystalline metal film containing nitrogen therein.”
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`Id., 7:1-7. Thus, to obtain a film composed of crystalline metal containing nitrogen
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`therein, the ‘324 patent teaches to increase only the RF power level.
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`Tantalum nitride can be crystalline or amorphous depending upon how it is
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`deposited. Exhibit 2001, p. 1.2 When the metal used to form the first and second
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`films is tantalum (Ta), a lower RF power level, e.g., 2kW, yields an amorphous
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`2 Exhibit 2001 is not prior art as the manuscript was received on June 11, 2003 and
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`was not available electronically until October 7, 2004.
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`tantalum nitride film whereas a higher RF power level, e.g., 8kW, yields a
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`crystalline tantalum film containing nitrogen therein. See Exhibit 1001, 12:62-
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`13:33.
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`The ‘324 patent teaches to maintain the nitrogen concentration and increase
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`the RF power level in the sputter chamber to obtain a crystalline metal film
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`deposited on top of an amorphous film:
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`There is still further provided a method of forming a diffusion-
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`barrier film by RF magnetron sputtering, including the steps of
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`(a) setting an electric power source for generation plasma to
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`generate power having a first value, to thereby a first film,
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`with a concentration of nitrogen in plasma gas being kept at a
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`constant, and (b) setting the electric power source to generate
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`power having a second value greater than the first value at
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`the moment when the first film is formed by a predetermined
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`thickness, to thereby form a second film on the first film.
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`Id., 5:63-6:5 (emphasis added).
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`Specifically, an electric power source for generating plasma is
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`first set to generate relatively low power with a concentration
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`of nitrogen in plasma gas being kept constant. A film is formed
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`in such a condition. Target metal makes sufficient reaction with
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`nitrogen, and resultingly, an amorphous metal nitride film is
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`formed. Immediately after the formation of the amorphous
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`metal nitride film, the electric power source is set to generate
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`relatively high power to thereby form a film without allowing
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`sufficient time for reaction between nitrogen and target metal.
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`As a result, there is obtained a crystalline metal film
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`containing nitrogen therein.
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`Id., 6:63-7:7 (emphasis added).
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`First, an electric power source for generating plasma is set
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`to generate relatively low power with a concentration of
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`nitrogen in plasma gas being kept constant. As a result, the
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`target metal makes sufficient reaction with nitrogen, and an
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`amorphous metal nitride film 15 is deposited over a surface
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`of the second insulating film 12b, as illustrated in FIG. 4B.
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`Then, immediately after the formation of the amorphous metal
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`nitride film 15, the electric power source is set to generate
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`relatively high power to thereby form a film without allowing
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`sufficient time for reaction between nitrogen and the target
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`metal. As a result, a crystalline metal film 16 containing
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`nitrogen therein is formed on the amorphous metal nitride
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`film 15.
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`Id., 9:12-25 (emphasis added).
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`Specifically, when RF power is equal to 2 kW, there is
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`obtained amorphous Ta2N, as illustrated in FIG. 15. By
`increasing RF power, there is obtained crystalline TaN0.1.
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`When RF power is equal to 8 kW, there is obtained a
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`crystalline metal film containing nitrogen therein, which
`includes a β-Ta film and TaN0.1 in mixture.
`Id., 12:62-67: (emphasis added).
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`When RF power is set equal to 2 kW, as is obvious in view of
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`XRD illustrated in FIG. 15, there is not observed grain
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`boundary, because a deposited film has an amorphous
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`structure. In contrast, when RF power is set equal to 8 kW,
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`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.
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`Id., 13:4-10 (emphasis added).
`That is, if Ta2N, which is an amorphous metal nitride film, is
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`deposited at 2 kW of RF power, and RF power is increased
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`up to 8 kW immediately when the film has acquired a
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`desired thickness, the film is turned into a crystalline metal
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`film containing nitrogen therein. As a result, as illustrated in
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`FIG. 21, a diffusion-barrier film 17 is formed on a
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`semiconductor substrate 11 where the diffusion-barrier film 17
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`has a multi-layered structure comprised of an amorphous metal
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`nitride film 15 and a crystalline metal film 16 containing
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`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.
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`Id., 13:11-23 (emphasis added).
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`FIG. 22 is a SEM photograph of a cross-section of the
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`diffusion-barrier film 17 which is formed by changing
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`sputtering power from 2 kW to 8 kW while a TaN film is
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`being deposited, to thereby successively deposit the
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`crystalline metal film 16 and the amorphous metal nitride
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`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
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`multi-layered structure.
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`Id., 13:24-33 (emphasis added).
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`The ‘324 patent explains how an amorphous metal nitride film is formed at a
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`lower RF power level (2kW) and a crystalline metal film containing nitrogen
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`therein is formed at a higher RF power level (8kW):
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`When sputtering power is set equal to 2 kW, since a sputtering
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`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
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`is sputtered by argon ions before a surface of the tantalum
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`target is sufficiently nitrided. As a result, there is obtained a
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`tantalum film slightly containing nitrogen.
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`By utilizing the above-mentioned phenomenon, it is possible to
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`form the diffusion-barrier film 17 having a multi-layered
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`structure.
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`Id., 13:35-50 (emphasis added).
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`10
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`The ‘324 patent thus teaches forming a diffusion-barrier film having a multi-
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`layered structure with a first film composed of a crystalline metal film containing
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`nitrogen therein and a second film composed of amorphous metal nitride. The first
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`film is in direct contact with the second film, and the percentage of nitrogen
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`contained in the first film less than that of the second film. The diffusion-barrier is
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`formed by setting a RF power source for generating plasma in a sputter chamber to
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`generate power at a lower first level, i.e., 2kW, to form an amorphous metal nitride
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`film, and then, while maintaining the nitrogen flow, increasing the RF power level,
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`i.e., to 8kW, to form a crystalline metal film containing nitrogen therein on top of
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`the amorphous metal nitride film. The ‘324 patent specifically teaches that
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`sputtering tantalum (Ta) in the presence of argon and nitrogen gases at a RF power
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`level of 2kW forms an amorphous tantalum nitride film, and that when a higher RF
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`power lever is applied, i.e., 8kW, a crystalline tantalum film containing nitrogen
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`therein is formed. Exhibit 1001, 12:62-13:33.
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`The ‘324 patent discloses that “it is difficult to vary a flow rate of sputtering
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`gas (that is, a pressure of sputtering gas) and N2 composition ratio in sputtering.
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`Accordingly, it is necessary in practical use to keep both a flow rate of sputtering
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`gas (that is, a pressure of sputtering gas) and N2 composition ratio constant, and to
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`vary only RF power, to thereby control a crystalline structure, composition and
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`resistivity of a film to be formed by sputtering.” Id., 12:41-49. The specification
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`11
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`discloses that the level of nitrogen gas in the chamber is “kept constant” during the
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`formation of the first and second films. Exhibit 1001, 9:13-25; 5:33-6:5; 6:53-7:7;
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`18:31-35. A benefit of the invention is that it is possible to successively fabricate
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`the barrier film in a common chamber, reducing apparatus cost and time for
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`fabrication, “because that it is possible to successively form an amorphous metal
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`nitride film and a crystalline nitrogen-containing metal film by instantaneously
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`changing only RF power with a volume ratio of nitrogen gas to a process gas
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`introduced into a chamber, being kept constant.” Id., 18:17-35. By increasing the
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`RF power in the sputter chamber as taught by the ‘324 patent, a crystalline
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`tantalum film containing nitrogen therein can be formed on an amorphous tantalum
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`nitride film.
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`III. LEVEL OF ORDINARY SKILL
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`A person of ordinary skill in the art (“POSITA ”) at the time the application
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`leading to the ’324 patent was filed would have at least a Bachelor’s degree in
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`Electrical, Materials, Mechanical, or Chemical Engineering, or a related degree,
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`and at least two years of experience working in semiconductor processing and
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`fabrication, semiconductor equipment manufacturing, or semiconductor materials.
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`As explained further herein, the Petition does not provide adequate
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`reasoning based on rational underpinnings for why a POSITA would have
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`modified the alleged prior art to arrive at the features of the challenged claims.
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`12
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`IV. CLAIM CONSTRUCTION
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`In an IPR, “[a] claim in an unexpired patent that will not expire before a
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`final written decision is issued shall be given its broadest reasonable construction
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`in light of the specification of the patent in which it appears.” 37 C.F.R.
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`§42.100(b); see also Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, 579
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`U.S. __, slip. op. at 13, 17-18 (U.S. Jun. 20, 2016).
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`Petitioner asserts that the “broadest reasonable construction should be
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`applied to all terms in the ‘324 patent” (Petition p.11), but does not provide
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`definitions for any of the claim terms. Patent Owner asserts that all claim terms
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`should be given their broadest reasonable construction in light of the specification
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`of the ‘324 patent. Patent Owner asserts that at least the two following claim
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`limitations recited in independent claims 1 and 5 should be construed by the Board:
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`(1) “said first film being composed of crystalline metal containing nitrogen
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`therein,” and (2) “said second film being composed of amorphous metal nitride.”
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`A.
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`“Said First Film Being Composed Of Crystalline Metal
`Containing Nitrogen Therein”
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`Independent claims 1 and 5 recite “said first film being composed of
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`crystalline metal containing nitrogen therein.” This claim limitation should be
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`construed to mean “a first film is composed of a mixture of single crystalline or
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`polycrystalline metal with nitrogen throughout.” This claim limitation requires
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`that the first film contain a mixture of metal with nitrogen throughout the film. The
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`‘324 patent specification explains that the first film (i.e., crystalline metal film 16
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`containing nitrogen therein) is composed of metal and nitrogen “in mixture.”
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`Exhibit 1001, 12:19-24; 12:62-67; 13:4-24; 13:57-63; 16:41-47. For example, the
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`‘324 patent discloses a first film containing “β-Ta and TaN0.1 in mixture.” Id.,
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`12:19-24.
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`A POSITA would understand that implicit in this limitation, and in the term
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`“mixture” from the specification, is a requirement that the metal and nitrogen must
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`be present “throughout” the film, and not just in a portion of the film. The
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`manufacturing method disclosed in the specification for creating the claimed film
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`would always result in a mixture of metal and nitrogen throughout the film. As the
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`specification discloses, both the first and second films are formed via sputtering,
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`and although the power to the sputtering chamber is increased to switch from
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`making the amorphous second film to the crystalline first film, the level of nitrogen
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`gas in the chamber is “kept constant.” Exhibit 1001, 9:13-25; 5:33-6:5; 6:53-7:7;
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`18:31-35. Indeed, one of the stated benefits of the invention is that it is possible to
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`successively fabricate the barrier film in a common chamber, reducing apparatus
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`cost and time for fabrication, “because that it is possible to successively form an
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`amorphous metal nitride film and a crystalline nitrogen-containing metal film by
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`instantaneously changing only RF power with a volume ratio of nitrogen gas to a
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`process gas introduced into a chamber, being kept constant.” Id., 18:17-35.
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`Maintaining the level of nitrogen gas in the chamber constant during the sputtering
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`process necessarily results in nitrogen throughout the films.
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`Accordingly, the claim limitation “said first film being composed of
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`crystalline metal containing nitrogen therein,” should be construed to mean “a first
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`film is composed of a mixture of single crystalline or polycrystalline metal with
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`nitrogen throughout.”
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`B.
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`“Said Second Film Being Composed Of Amorphous Metal
`Nitride”
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`The phrase “said second film being composed of amorphous metal nitride,”
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`also recited in independent claims 1 and 5, should be construed to mean “a second
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`film is composed of a noncrystalline metal nitride throughout.”
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`The term “amorphous” should be construed to mean “noncrystalline,” which
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`is consistent with a dictionary definition.3 The term “nitride” should be construed
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`3 An exemplary dictionary definition of “amorphous” is “having no real or
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`apparent crystalline form.” http://www.merriam-webster.com/dictionary/
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`amorphous; Exhibit 2003.
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` Case IPR2016-01264 for
`U.S. Patent No. 6,538,324
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`to mean “a compound containing nitrogen,” which is also consistent with a
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`dictionary definition.4
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`For reasons similar to those set forth in the preceding section, the second
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`film being composed of amorphous metal nitride requires that the second film is
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`composed of metal nitride throughout. The