`IPR2017-00282
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`By: Christopher Frerking (chris@ntknet.com)
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`Reg. No. 42,557
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`INTEL CORPORATION, GLOBALFOUNDRIES U.S., INC.,
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`MICRON TECHNOLOGY, INC., AND
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`SAMSUNG ELECTRONICS COMPANY, LTD.,
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`Petitioners
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`v.
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`DANIEL L. FLAMM,
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`Patent Owner
`
`CASE IPR2017-002821
`U.S. Patent No. RE40,264 E
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`PATENT OWNER’S RESPONSE
`UNDER 37 C.F.R. § 42.107
`Claims 56-63 & 70-71
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`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1 Samsung Electronics Company, Ltd. Was joined as a party to this proceeding via
`a Motion for Joinder in IPR2017-01752.
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`TABLE OF CONTENTS
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`Page(s)
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`TABLE OF CONTENTS ...................................................................................... i
`TABLE OF AUTHORITIES ................................................................................ ii
`I.
`Introduction ........................................................................................... 1
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`II. Overview of the ‘264 Patent .................................................................. 2
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`III. The Prior Art .......................................................................................... 3
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`A. Kadomura .................................................................................... 3
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`B. Matsumura ................................................................................... 6
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`IV. Kadomura and Matsumura Do Not Render Claims 56 and 60
`Obvious .................................................................................................. 8
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`Petitioners’ Fail to Articulate any Benefit from Combining Matsumura
`with Kadomura ...................................................................................... 10
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`V.
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`VI. Petitioners’ Fail to Articulate any Motivation for Combining Matsumura
`with Kadomura ...................................................................................... 13
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`VII. Petitioners Have Failed to Prove Obviousness ...................................... 15
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`VIII. Some Further Observations on Kadomura and Matsumura .................. 16
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`IX. Ground 3: Kadomura, Matsumura and Wang Do Not Render Claim 60
`Obvious .................................................................................................. 18
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`X. Ground 6: Muller, Matsumura and Wang Do Not Render Claims 60
`Obvious .................................................................................................. 20
`XI. Non-Obviousness of Claim 57 over Kadomura, Matsumura, &
`Muller .................................................................................................... 20
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`XII. Non-Obviousness of Claim 63 over Kadomura, Matsumura, Kikuchi, and
`over Wang, and Muller, Matsumura, Wang and Kikuchi ..................... 21
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`XIII. The Dependent Claims are Not Invalid ................................................. 22
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`XIV. Conclusion ............................................................................................. 22
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`TABLE OF AUTHORITIES
`Cases Page(s)
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`Hartness Int’l Inc. v. Simplimatic Eng. Co.,
`819 F.2d 1100 (Fed. Cir. 1987)......................................................................... 23
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`In Re Fine 837 F.2d 1071 (Fed. Cir. 1988) ....................................................... 22
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`Statutes Page(s)
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`37 C.F.R. § 42.107 .............................................................................................. 1
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`MPEP § 2143.03 ............................................................................................... 22
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`Inter Partes Review of U.S. Patent No. RE40,264
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`COMES NOW Patent Owner, Daniel L. Flamm, Sc.D., the sole inventor and
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`owner of the U.S. Patent No. RE40,264 (“the ‘264 patent”), through his counsel,
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`submits this response pursuant to 37 C.F.R. § 42.107 and asks that the Patent Trial
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`and Appeals Board confirm the patentability of independent claims 56 and 60 and
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`all their independent claims.
`I. Introduction
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`This response addresses the two independent claims, 56 and 60, and their
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`dependent claims that are the subject of the institution Order. The Board ruled that
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`these claims would have been obvious “using Matsumura’s control “recipes” in
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`Kadomura’s dry etching apparatus and method” (Decision p. 22), and by combining
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`Kikuchi with Matsumura (Id. p. 34).
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`The obviousness issue revolves around the claim limitation, changing the
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`temperature “within a preselected time interval,” specifically:
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`“the substrate temperature is changed from the first substrate
`temperature to the second substrate temperature with a control
`circuit operable to effectuate the changing within a preselected
`time period that is less than the overall process time associated
`with the etching the first silicon-containing layer and the second
`silicon- containing layer”
` (Claim 56 Ex. 1001 at 22:22-28.)
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`“wherein the first substrate temperature is different from the
`second substrate temperature and the first substrate temperature is
`changed to the second substrate temperature with a substrate
`temperature control circuit within a preselected time to etch the
`silicide layer”
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` (Claim 60, Id. 25:27-31)
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`II. Overview of the ‘264 Patent
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`The ‘264 patent describes methods of fabricating semiconductors, preferably
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`using a plasma discharge. Multiple substrate temperatures are employed in a
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`continuous process for etching films, where temperature changing is achieved within
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`a preselected time period. (Flamm Dec. Ex. 2001,¶8)
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`One of the problems that was overcome by the invention is described at
`2:17- 25 (Ex. 1001) of the patent:
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`“In general, implantation of ions into a resist masking surface
`causes the upper surface of said resist to become extremely cross-
`linked and contaminated by materials from the ion bombardment.
`If the cross-linked layer is exposed to excessive temperature, it is
`prone to rupture and forms contaminative particulate matter.
`Hence, the entire resist layer is often processed at a low
`temperature to avoid this particle problem.”
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`Processing at low temperatures generally results in slower processing. (Flamm
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`Dec. Ex. 2001,¶9) “Accordingly, the present invention overcomes these
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`disadvantages of conventional processes by rapidly removing a majority of resist at
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`a higher temperature after an ion implanted layer is removed without substantial
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`particle generation at a lower temperature.” (id. at 2:26-30) The invention achieves
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`“high etch rates while simultaneously maintaining high etch selectivity...” (id. at
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`2:32-33). (Flamm Dec. Ex. 2001,¶9)
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`While methods involving the use of various temperatures for manufacturing
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`semiconductors were known in the art prior to the ‘264 patent, none of the prior art
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`discloses etching or processing where the temperature of the substrate is changed
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`“within a preselected time period” (Claim 56) or “within a preselected time”
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`(Claim 60) in the manner claimed. (Flamm Dec. Ex. 2001,¶9)
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`III.
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`The Prior Art
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`A. Kadomura
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`Kadomura teaches a cryogenic two-step etching treatment, wherein the etching
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`is suspended between the first and second etches. (Ex. 2001¶10). During the
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`suspension, the first etching gas is discharged and is replaced by a second etching
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`gas for the second etching step. (Ex. 2001¶10). (Ex. 1005 at 6:36-44, 8:24-32,
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`10:4-6.) One of the benefits of this approach, according to Kadomura, is that the
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`time required to discharge the first gas and replace and stabilize the second gas can
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`be sufficient to allow simultaneously changing the substrate temperature for a
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`second etch processing step:
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`“In this case, since the series of operations described above, that,
`[sic] is a series of operations of interrupting discharge, exhausting
`remaining gases in the diffusion chamber 2 and, further,
`introducing and stabilizing a fresh etching gas take a time equal
`with or more than the time required for rapid cooling, the time
`required for the rapid cooling does not constitute a factor of
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`delaying the time required for the etching treatment of the
`specimen W.”
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`(Ex. 2001 ¶10. Ex. 1005 at 6:55-62 (emphasis added); see also id. at 7:22-30, 8:43-
`50, 10:13-16)
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`
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`Kadomura teaches nothing about a preselected time interval for changing
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`temperature and specifically teaches that while the temperature is being changed,
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`no processing is performed. (Ex. 2001, ¶ 10) The maximum time interval available
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`for the temperature change in Kadomura is a function of the time it takes to
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`discharge the first gas, and then to introduce and stabilize the second gas. (Id.)
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`There would be no benefit from attempting to preselect a time period to change the
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`Kadomura temperature since there is no processing during the temperature change
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`that would be affected by the duration of the change, and foreshortening the time
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`for changing temperature would not otherwise improve the Kadomura process.
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`(Id.)
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`
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`At the time of the ‘264 invention, cryogenic etching was merely a laboratory
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`curiosity that had been impractical owing to its various requirements to use
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`ultracold fluids and gases, the difficulties in finding production worthy materials
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`that could tolerate repeated cycling between room and low temperature without
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`premature deterioration, brittle fractures, and leaks, and the relatively long times
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`required to effectuate heating, cooling, and equilibration to attain sufficiently
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`uniform and stable substrate temperatures. (id. at ¶ 10) The objects of the
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`Kadomura cryogenic etching process were to attain “high accuracy and fine
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`fabrication simultaneously, as well as actually putting the low temperature etching
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`technique into practical use.” (id. at ¶ 10) (Ex. 1005 at 2:60-64.) By contrast, one
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`of Dr. Flamm’s primary objectives was to increase throughput and selectivity of
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`conventional plasma processes: “[the invention] overcomes serious disadvantages
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`of prior art methods in which throughput and etching rate were lowered in order to
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`avoid excessive device damage to a workpiece.” (Ex. 1001 at 2:11-14) (id. at ¶ 10)
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`Kadomura’s technique of exhausting and replacing the gas between etches and
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`employing very cold temperature results in relatively long intervals between
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`etches, “about 30 sec,” which teaches away from the ‘264 patent (Ex. 1005 at 6:54,
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`8:42, (id. at ¶ 10) In furtherance of increased throughput, Dr. Flamm’s ‘264 patent
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`teaches a time interval of “several seconds” (Ex. 1001 at 19:8-12 & Fig. 10), which
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`is at least an order of magnitude shorter than anything in Kadomura.
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`According to Kadomura, a specific time interval for changing the
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`temperature is of no importance, since the time interval to change the temperature
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`is equal or less than the time interval to change the gas. (id. at ¶ 10). As Kadomura
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`repeatedly states:
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`“In this case, since the series of operations described above, that,
`[sic] is a series of operations of interrupting discharge, exhausting
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`remaining gases in the diffusion chamber 2 and, further,
`introducing and stabilizing a fresh etching gas take a time equal
`with or more than the time required for rapid cooling, the time
`required for the rapid cooling does not constitute a factor of
`delaying the time required for the etching treatment of the
`specimen W.”
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`(Ex. 1005 at 6:55-62; see also id. at 7:19-30 and 8:43-50, 10:13-16)
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`
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`Accordingly, Kadomura teaches away from the concept of a
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`preselected time period for changing the temperature in the ‘264 Patent
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`(id. at ¶ 10).
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`B. Matsumura
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`The object of Matsumura was the different processing steps and modules for
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`laying a uniform film of photoresist onto a substrate before exposing the
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`photoresist to light. After the resist is applied and baked, it is exposed through a
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`pattern mask to light, thereby forming a latent image. (Ex. 2001, ¶ 11) The resist
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`having the latent image is then processed to form a layer of patterned photoresist
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`on the substrate. (Id.) Matsumura recognized that controlling heating and cooling
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`during the “adhesion and baking processes” when precursor liquids are applied to
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`semiconductor wafers and baked improved quality and reproducibility; Matsumura
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`does not teach anything about etching2. (Ex. 1003 at 1:15-20, 4:56-59, Figs. 1 & 4,
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`(Id., ¶ 11) Matsumura’s “resist processing system,” is depicted in the block
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`diagram Fig. 4 as the box 40. (Ex. 1003, 4:56-59 and Fig. 4.) Specifically, it
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`comprises a “Sender,” 41, for transporting the wafer to the “Adhesion Unit,” 42,
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`which applies HMDS to the wafer to enhance the adhesion of the resist while the
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`substrate is held at a constant predetermined temperature (7:33-36), the resist is
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`applied by the “Coating unit,” 43, and then it is baked in the “Baking Unit,” 44.
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`(Id.) The “Receiver unit,” 45, then forwards the wafer to an “interface (not
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`shown)” which transfers the wafer to an external “exposure unit (not shown).” (Id.
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`at 5:5- 12 and Fig. 4.) The crux of Matsumura’s inventive solution for baking resist
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`was to heat the wafer “according to a schedule contoured to the baking process by
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`means of a conductive thin film embedded in the substrate support structure in
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`accordance with the schedule information” in a stored recipe. (Id. at 3:10-11, 2:66-
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`3:16, 3:17-51, (Id.)) To improve adhesion before the resist is first applied to the
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`substrate, the wafer is heated to a single predetermined temperature and maintained
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`at that single temperature while a treatment with HDMS is performed. (Id.)
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`2 While Matsumura includes “etching” in the list of other possible applications for
`his invention, he teaches nothing about etching and strongly suggests that he has
`not used his invention with any type of etching, let alone plasma etching. (Ex. 1003
`at 10:3-7.)
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`Matsumura teaches away from the invention of the ‘264 Patent.
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`IV.
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`Kadomura and Matsumura Do Not Render Claims 56 and 60
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`Obvious
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`The issues here revolve around the limitation in independent claim 56 and
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`independent claim 60 that the temperature is changed “within a preselected
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`periold” (claim 56) and “within a preselected time” (claim 60). The Petition and
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`the Decision granting the Petition, by their silence, essentially acknowledge the
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`fact that the Kadomura prior art (Ex. 1005) does not teach this claim element.
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`They each rely on the Matsumura prior art’s (Ex. 1003) “predetermined recipes”
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`for this element.
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`The issues here are threefold:
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`1. Would there be any benefit from combining Matsumura’s
`“predetermined recipes” with Kadomura’s method of dry etching?
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`2. Would a PHOSITA be motivated to combine Matsumura’s
`“predetermined recipes” with Kadomura’s method of dry etching?
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`3. Have Petitioners discharged their burden of proof on obviousness?
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`Kadomura is crystal clear in its teaching that the time interval to change the
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`temperature is of no consequence as long as it is not longer than the time interval
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`to change out the etching gas. In each embodiment of Kadomura’s process, the
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`length of time to change the temperature, which was a “short period of time of
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`about 30 seconds,” was shorter than the time to change the gas (Ex. 1005 6:52-62,
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`7:19-30, 8:40-50, 10:11-16). Kadomura understood that since both operations
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`need to be completed before the second etch can proceed, the only time period that
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`matters is the longest. (Ex. 2001,¶12) He put it this way:
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`“In this case, since the series of operations described above, that,
`is a series of operations of interrupting discharge, exhausting
`remaining gases in the diffusion chamber 2 and, further,
`introducing and stabilizing a fresh etching gas take a time equal
`with or more than the time required for rapid cooling, the time
`required for the rapid cooling does not constitute a factor of
`delaying the time required for the etching treatment of the
`specimen W.”
`
`(Id. 6:55-62, emphasis added, Id.¶12)
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`The point – that the time interval between etches in Kadomura is solely a function
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`of the time it takes to change the etching gas – is reiterated at Id. 8:43-50
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`(emphasis added):
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`“Accordingly, since a series of operations of exhausting remaining
`gases in the diffusion chamber 2 after the interruption of discharge
`and further introducing and stabilizing a fresh etching gas takes a
`longer time than that required for rapid cooling also in this second
`embodiment, the time required for the rapid cooling does not
`constitute a factor of delaying the time required for the etching of
`the specimen W.”
`
`See also Id. 7:22-30, 10:13-16
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`
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`Given that the time to change the temperature is of no significance as long as
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`it less or equal to the time to change the etching gas, and that in all of the
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`embodiments in Kadomura the time to change the temperature was less than the
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`time to change the gas, how would using Matsumura’s “predetermined recipes”
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`change anything in Kadomura, much less provide any benefit? The answer is
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`plain: it would not. Kadomura’s process would not be improved at all, only a
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`useless step would be added. (Id.¶13).
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`For the sake of thoroughness, assume someone practicing Kadomura’s
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`process found that the time interval to change the temperature were longer than the
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`time to change the gas, would combining Matsumura’s “predetermined recipes”
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`improve this application of Kadomura? The answer again is no. Under those
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`circumstances, given that Kadomura, along with the semiconductor industry in
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`general, was concerned about throughput,3 the task at hand would be readily
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`apparent – attempt to reduce the time interval for the temperature change. In this
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`regard, Matsumura’s “predetermined recipes” would again be utterly useless.
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`(Id.¶13)
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`V. Petitioners’ Fail to Articulate any Benefit from Combining Matsumura
`with Kadomura
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`Petitioners’ expert, Dr. Bravman, makes the following extraordinary
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`statement in his declaration (Ex. 1006 ¶80, emphasis added):
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`“A person of ordinary skill in the art at the time of the alleged
`invention, would have understood that using Matsumura’s recipe
`approach would have helped achieve Kadomurs’s stated goal of
`increased throughput and selectivity, in addition bringing greater
`predictability to Kadomura’s process.”
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`3 Id. 4:54, 5:26, 7:30, 7:56, 9:20, 9:31, 10:41, 10:47.
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`Dr. Bravman does not explain how Matsumura’s “preprogramed recipes”
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`could possibly increase throughput in Kadomura. Nor does he resolve the
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`contradiction between his statement and Kadomura’s repeated teaching that “…the
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`time required for the rapid cooling does not constitute a factor of delaying the time
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`required for the etching treatment of the specimen W.” (Ex. 1005 8:48-50, See also
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`6:60-62, 10:13-16) Petitioners, perhaps recognizing that Dr. Bravman’s
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`tthroughput assertion would not be helpful to his credibility, do not rely on it in
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`their Petition.
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`Petitioners’ entire discussion of the alleged benefits from combining
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`Matsumura’s “predetermined recipes” with Kadomura is found on page 40 of the
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`Petition:
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`“Adding Matsumura’s programmable CPU and recipe approach
`would have allowed for preselecting and programming
`Kadomura’s control device 25 with an exact time interval for
`temperature changes between steps.”
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`No explanation is provided in either the Petition or the declaration as how this
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`“ensur[ing] an exact time interval for temperature changes” would benefit
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`Kadomura. Again, there is a contradiction between this statement and Kadomura.
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`Since Kadomura teaches that the time interval for temperature change is “not a
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`factor,” certainly the “exact time interval for temperature changes” would not be a
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`factor. Hence, it would not provide any benefit to Kadomura’s process.
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`Petitioners’ only other contention of a benefit flowing from combining
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`Matsumura’s “predetermined recipes” and Kadomura is found in this statement
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`(Petition 40):
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`“For these reasons, it would have been obvious and desirable for a
`skilled person to use Matsumura’s predetermined recipe approach
`and programmable CPU in Kadomura’s processing tool.”
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`The “reasons” are presumably contained in the preceding sentences in the
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`paragraph, which all relate to the state of the art and practices of chipmakers, viz.
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`(Petition 39-40):
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`“Using predetermined recipes and programmable control circuits
`(including CPUs) in semiconductor manufacturing was well
`known and widespread before the ’264 patent. (Ex. 1006 ¶¶147-
`148.) Chipmakers carefully measured and analyzed time and
`temperature data relating to their manufacturing processes. (Id.
`¶147) Using recipes and CPUs to program selected times and
`temperatures into tools before processing allowed chipmakers to
`control their processes and make them predictable and reliable.
`(Id.)”
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`Why these “reasons,” would make it “desirable for a skilled person to use
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`Matsumura’s predetermined recipe approach and programmable CPU in
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`Kadomura’s processing tool” is left unsaid. Which renders the assertion of
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`desirability totally conclusory. In Re: Nuvasive, Inc., 842 F.3d 1376, 1383 (Fed.
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`Cir. 2016) (“’[C]onclusory statements’ alone are insufficient and, instead, the
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`finding must be supported by a ‘reasoned explanation.’”) Also left unsaid is
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`which of these “desirable” features would arise from the use of the “predetermined
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`recipes,” which is relevant to the matter at hand (the Flamm claim element 56[e],
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`“within a preselected time period” and claim element 60(f) “within a preselected
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`time”), and which arise from the use of a “programmable CPU” which is not
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`relevant to the matter at hand.
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`Moreover, the “reasons” that relate to the time interval for the temperature
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`change are not beneficial to Kadomura, as discussed above, because, as just seen,
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`they are contrary to Kadomura’s express teaching that the time interval is “not a
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`factor.” It simply does not matter what the temperature change time interval is –
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`“about 30 seconds,” “about 50 seconds” (Ex. 1005, 6:52-55, 10:11-16) or whatever
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`– as long as it is less than or equal to the time to change out the gas. No benefit
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`has been shown.
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`VI.
`Petitioners’ Fail to Articulate any Motivation for Combining
`Matsumura with Kadomura
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`In accessing the prior art, the PTAB ‘consider[s] whether a PHOSITA would
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`have been motivated to combine prior art to achieve the claimed invention.’” In
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`Re: Nuvasive, Inc., 842 F.3d 1376, 1383 (Fed. Cir. 2016) “’[C]onclusory
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`statements’ alone are insufficient and, instead, the finding must be supported by a
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`‘reasoned explanation.’” (Id.) “Although identifying a motivation to combine ‘need
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`not become [a] rigid and mandatory formula,’ KSR, 550 U.S. at 419, the PTAB
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`must articulate a reason why a PHOSITA would combine the prior art references.”
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`(Id.)
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`Notwithstanding the Supreme Court’s and the Federal Circuit’s admonition
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`that the PTAB, and by extension a petitioner, “must articulate a reason why a
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`PHOSITA would combine the prior art references,” Petitioners devote but one
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`conclusory sentence to the task; a sentence that the board relied on in granting the
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`petition (Decision 19). It is (Petition 40-41, emphasis added):
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`“A skilled person would have been motivated to obtain the
`benefits of predetermined recipes and a programmable CPU as
`described in Matsumura, including increased accuracy in
`temperature control and greater process control and reliability.”
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`Three alleged motivators.
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`The first, “increased accuracy in temperature control,” is a bare conclusion.
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`There is no evidence that using Matsumura’s “predetermined recipes” would
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`increase Kadomura’s accuracy in temperature control. Nor is there an explanation
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`of how or why using those recipes would increase Kadomura’s accuracy in
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`temperature control. This absence of evidence or explanation is especially
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`problematic in the light of the fact that one of Kadomura’s objects was to attain
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`“finer temperature control.” (Ex. 1005 4:25, see 4:17-29, 5:27-41.) Indeed, the
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`very title of Kadomura’s patent is METHOD AND APPARATUS FOR DRY
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`ETCHING AND TEMPERATURE CONTROL. According to Kadomura, in the
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`first embodiment, “…the specimen temperature is controlled finely by the cooling
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`control of a control device 23.” (Ex. 1005 6:33-35, emphasis added.) Similarly, in
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`the second embodiment: “…the specimen temperature is finely controlled by
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`cooling control by the control device 23 described above.” (Id. 8:21-23 emphasis
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`added.) In the third and final embodiment, Kadomura states: “The specimen
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`temperature is controlled in this embodiment in the same manner as that in the
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`second step of the first and the second embodiment.” (Id. 10:4-6)
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`Petitioners leave us in the dark as to how Matsumura’s “predetermined
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`recipes” would improve on this.
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`The other two alleged motivators, “greater process control and reliability,”
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`are also conclusory statements, unsupported by any explanation or articulated
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`reasoning. In Re: Nuvasive, Inc., 842 F3d at 1383. These contentions fail for
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`another reason. Petitioners rely on a paragraph from Matsumura, Ex. 1003, 10:22-
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`29. But the passage makes clear that these alleged motivating factors do not arise
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`from using Matsumura’s “predetermined recipes,” rather, as Matsumura explicitly
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`states, they arise from using his “thermal history curves.” (Id.)
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`No motivation has been shown.
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`VII.
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`Petitioners Have Failed to Prove Obviousness
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`Here, benefit and motivation are two sides of the same coin. Since there
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`would be no benefit from combining Matsumura’s “predetermined recipes” with
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`Kadomura, it is not likely that the hypothetic person, the PHOSITA, would be
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`motivated to make such a combination.
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`The law is clear that unless motivation to combine is established, a patent
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`cannot be invalidated. The Federal Circuit following on from the Supreme Court
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`and a host of earlier precedents, made the requirement explicit (In Re: Nuvasive,
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`Inc., 842 F.3d at 1383):
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`Our precedent dictates that the PTAB must make a finding of a
`motivation to combine when it is disputed. See, e.g., Lee, 277
`F.3d at 1343–45; see also KSR, 550 U.S. at 418 (stating that the
`PTAB’s motivation to combine “analysis should be made explicit”
`(citation omitted)). Although identifying a motivation to combine
`“need not become [a] rigid and mandatory formula,” KSR, 550
`U.S. at 419, the PTAB must articulate a reason why a PHOSITA
`would combine the prior art references.
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`Petitioners, who have the burden of proof, strain to articulate a motivation,
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`but fail as they must because Respondent, who has no burden of proof, has
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`established, through the explicit teaching of Kadomura, the absence of a
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`motivation to combine Matsumura’s “predetermined recipes” with Kadomura.
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`Some Further Observations on Kadomura and Matsumura
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`VIII.
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`At most, even pushing aside all of the above arguments, the only thing in
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`Matsumura that is not mentioned by Kadomura is using a computer or
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`microcontroller to effectuate a process. (Ex. 2001, ¶15) Kadomura does not
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`expressly state that his sequence of steps were or could be effectuated by a digital
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`controller. (Id., ¶15) Accordingly, it is unknown whether each or some of the
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`process steps and settings described by Kadomura were performed by a
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`microcontroller using instructions or data comprising a recipe stored in tangible
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`media. (Id., ¶15)
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`That question is irrelevant since digital process control in the field of
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`semiconductor processing was common knowledge long before the Kadomura
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`priority dates. (Id., ¶15) Whether the claims of the ‘264 are obvious or not has
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`nothing to do with whether Kadomura, or for that matter any other reference, used
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`a digital computer, CPU, microprocessor, or the like to sequence various process
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`steps based on data in memory (e.g. without human interaction). (Id.,
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`¶15) Petitioner’s repeated “argument” throughout its petition that a PHOSITA
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`would have looked to Matsumura for using a CPU and a recipe to improve control
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`of temperature etc. amount to no more than a vacuous incantation that process
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`steps can be automated using a digital microcontroller, or the like. (Id., ¶15) No
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`PHOSITA would have considered Matsumura for this at least since this type of
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`automation was common knowledge at the time and its implementation in
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`production worthy processing equipment was pervasive and obvious. (Id., ¶15).
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`Accordingly, this is no argument to combine. (Id., ¶15) As for the rest, Matsumura
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`is in a different field of art, and even if that fact is ignored, Matsumura’s recipes
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`would have been useless for performing any plasma etching. (Id., ¶15) The
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`fundamental questions only depend on the processes disclosed, whether the various
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`equipment disclosed in the prior art cited was operable to perform those processes,
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`and whether any of Petitioner’s specific proposals for a combination (e.g. a
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`combination that is definite, operable, and logically understandable in detail)
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`would have been obvious without 20/20 hindsight garnered from the specification
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`and claims of the ‘264. (Id., ¶15)
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`IX.
`Ground 3: Kadomura, Matsumura and Wang Do Not Render
`Claims 60 Obvious
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`Independent claim 60, like the earlier discussed independent claim 56, has
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`the limitation “within a preselected time,” specifically (Ex. 1001 25 :27-31
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`emphasis added)
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`“wherein the first substrate temperature is different from the
`second substrate temperature and the first substrate temperature is
`changed to the second substrate temperature with a substrate
`temperature control circuit within a preselected time to etch the
`silicide layer.”
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`As extensively discussed with independent claim 56 there would be no
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`benefit from attempting to combine Kadomura and Matsumura and would there be
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`any motivation to combine them. The question presented in this Ground 3 is
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`whether Wang adds anything that would bring about a benefit from combing the
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`three references, Kadomura, Matsumura and Wang or provide a motive to combine
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`them (Ex. 2001 ¶15) The answer is no (Id.).
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`Wang would not contribute anything that would change the fact that there
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`would be absolutely no benefit to combine Kadomura and Matsumura and there
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`would be no motive to combine them. (Id.). Nothing in Wang teaches anything
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`about the limitation, changing the temperatu