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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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`AVX CORPORATION
`Petitioner
`v.
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`SAMSUNG ELECTRO-MECHANICS CO., LTD.
`Patent Owner
`
`
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`
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`Patent No. 9,326,381
`Issue Date: April 26, 2016
`Title: MULTILAYER CERAMIC CAPACITOR AND BOARD HAVING THE
`SAME MOUNTED THEREON
`_______________
`
`Post-Grant Review No. PGR2017-00010
`____________________________________________________________
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`
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`PETITION FOR POST-GRANT REVIEW
`UNDER 35 U.S.C. §§ 321-329 AND 37 C.F.R. § 42.200 ET. SEQ.
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`Petition For Post-Grant Review of U.S. Patent No. 9,326,381
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`TABLE OF CONTENTS
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`EXHIBIT LIST ............................................................................................. iv
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`NOTICE OF LEAD AND BACKUP COUNSEL ....................................... 1
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`NOTICE OF EACH REAL-PARTY-IN-INTEREST................................ 1
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`NOTICE OF RELATED MATTERS .......................................................... 1
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`NOTICE OF SERVICE INFORMATION ................................................. 1
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`GROUNDS FOR STANDING ...................................................................... 1
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`PRIOR ART TO THE ’381 PATENT ......................................................... 2
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`STATEMENT OF PRECISE RELIEF REQUESTED ............................. 5
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`THRESHOLD REQUIREMENT FOR POST-GRANT REVIEW.......... 5
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`STATEMENT OF REASONS FOR RELIEF REQUESTED .................. 6
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`INTRODUCTION TO THE ’381 PATENT ........................... 6
`I.
`II. CONSTRUCTION OF THE CLAIMS ................................... 7
`Ground 1. ITAMURA IN VIEW OF JEONG AND RUTT RENDERS
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`CLAIMS 1-7 UNPATENTABLE. ......................................... 12
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`Ground 2. ITAMURA IN VIEW OF JEONG, RUTT, AND AHN
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`RENDERS CLAIMS 8-15, 17-19 UNPATENTABLE. ........ 48
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`Ground 3. ITAMURA IN VIEW OF JEONG, RUTT, AHN, AND EIA
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`STANDARD RENDERS CLAIM 16 UNPATENTABLE. . 61
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`Ground 4. THE GROUP 39 CAPACITORS RENDER CLAIMS 1-3,
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`5-7 UNPATENTABLE. .......................................................... 65
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`Ground 5. THE GROUP 39 CAPACITORS IN COMBINATION
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`WITH AHN RENDERS CLAIMS 8-15, 17-19
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`UNPATENTABLE. ................................................................. 91
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`Ground 6. THE GROUP 39 CAPACITORS IN COMBINATION
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`WITH ITAMURA AND THE AVX CATALOG RENDERS
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`CLAIM 4 UNPATENTABLE. ............................................. 102
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`Ground 7. THE GROUP 39 CAPACITORS IN COMBINATION
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`WITH JEONG RENDERS CLAIM 5 UNPATENTABLE.104
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`Ground 8. THE GROUP 39 CAPACITORS IN COMBINATION
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`WITH AHN AND JEONG RENDERS CLAIM 12
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`UNPATENTABLE. ............................................................... 105
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`Ground 9. THE GROUP 39 CAPACITORS IN COMBINATION
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`WITH AHN AND EIA STANDARD RENDERS CLAIM 16
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`UNPATENTABLE. ............................................................... 106
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`CONCLUSION ..................................................................................................... 107
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`Petition For Post-Grant Review of U.S. Patent No. 9,326,381
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`EXHIBIT LIST
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`1009
`
`Exhibit
`Ex. #
`1001 U.S. Patent No. 9,326,381 (“’381 Patent”)
`1002
`Image File Wrapper for the ’381 Patent
`1003 Declaration of John Galvagni
`1004 U.S. Patent No. 7,808,770 (“Itamura”)
`1005 U.S. Patent Publication No. 2011/0141655 (“Jeong”)
`1006 U.S. Patent No. 5,134,540 (“Rutt”)
`1007 U.S. Patent Publication No. 2012/0152604 (“Ahn”)
`1008 AVX Surface Mount Ceramic Capacitor Products Catalog (“AVX
`Catalog”)
`E1A Standard “Visual and Mechanical Inspection Multilayer Ceramic
`Chip Capacitors” EIA-595-A (“EIA Standard”)
`1011 Curriculum Vitae of John Galvagni
`1012 Declaration of Ron Demcko
`1013 Declaration of Steve Shipman
`1014 Declaration of Sam Kinon
`1015 Declaration of Randall Lewis
`1016 U.S. Patent Publication No. 2013/0027843 (“Seo”)
`1017
`“Size Effect of Barium Titanate and MLCCs in the Next Generation” to
`Tsurumi et al.
`Invoice for Sale of Group 39 Capacitors to TTI, Inc.
`1018
`1019 Ron Demcko Expense Report for AEC RW Conference
`1020 Automotive Electronics Counsel Reliability Workshop Agenda
`1021 Ron Demcko Travel Authorization Form for AEC RW Conference
`1022
`International Microwave Symposium Program
`1023 Ron Demcko Expense Report for International Microwave Symposium
`1024 Ron Demcko Travel Authorization Form for International Microwave
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`Petition For Post-Grant Review of U.S. Patent No. 9,326,381
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`Symposium
`1025 Copy of Purchase Receipt for Group 39 Capacitors from eBay
`1026 AVX Webpage http://www.avx.com/prodinfo_catlist.asp?ParentID=192
`from February 17, 2007
`1027 AVX Webpage
`http://avx.com/prodinfo_productdetail.asp?I=34&ParentID=192 from
`November 20, 2010
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`Petition For Post-Grant Review of U.S. Patent No. 9,326,381
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`NOTICE OF LEAD AND BACKUP COUNSEL
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`Lead Counsel: Michael Houston (Reg. No. 58,486) Tel: 312-832-4378
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`Backup Counsel: Nicholas M. Lagerwall (Reg. No. 63,272) Tel: 608-258-4466
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`Address: Foley & Lardner LLP, 3000 K St. NW, Suite 600,
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`Washington, DC 20008 FAX: 608.257.5035
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`NOTICE OF EACH REAL-PARTY-IN-INTEREST
`
`The real-party-in-interest is AVX Corporation (“AVX”).
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`NOTICE OF RELATED MATTERS
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`There are no related matters known to Petitioner.
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`NOTICE OF SERVICE INFORMATION
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`Please address all correspondence to the lead counsel at the address above.
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`Petitioner consents to electronic service at: mhouston@foley.com; and
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`nlagerwall@foley.com.
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`GROUNDS FOR STANDING
`Petitioner hereby certifies that the patent for which review is sought is
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`available for post-grant review and that the Petitioner is not barred or estopped
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`from requesting a post-grant review challenging the patent claims.
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`Petition For Post-Grant Review of U.S. Patent No. 9,326,381
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`PRIOR ART TO THE ’381 PATENT
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`Patent Literature
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`The earliest potential effective filing date of the ’381 patent is June 14, 2013.
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`(See Ex.1001.) U.S. Patent No. 7,808,770 (“Itamura,” Ex.1004) has an issue date
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`of October 5, 2010 and is prior art under §102(a)(1)-(2) (post-AIA). U.S. Patent
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`Publication No. 2011/0141655 (“Jeong,” Ex.1005) was published on June 16, 2011
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`and is prior art under §102(a)(1)-(2). U.S. Patent No. 5,134,540 (“Rutt,” Ex.1006)
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`was granted on July 28, 1992 and is prior art under §102(a)(1)- (2). U.S. Patent
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`Publication No. 2012/0152604 (“Ahn,” Ex.1007) was published on June 21, 2012
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`and is prior art under §102(a)(1)-(2).
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`Non-Patent Literature
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`E1A Standard “Visual and Mechanical Inspection Multilayer Ceramic Chip
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`Capacitors” EIA-595-A (“E1A Standard,” Ex. 1009), was published in February of
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`2009 and is prior art under §102(a)(1).
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`“AVX Surface Mount Ceramic Capacitors Products” (“AVX Catalog,”
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`Ex. 1008) is a catalog describing capacitor products manufactured and sold by
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`AVX. (Ex.1003 ¶¶61-62; Ex.1012 ¶3.) The last page of the AVX Catalog
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`includes the publishing code “S-MLCC7.5M308-C.” (Ex.1008 at 97.) The “308”
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`portion of the publishing code indicates that the AVX Catalog was published and
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`printed in March of 2008. (Ex.1003 ¶58; Ex.1012 ¶3; Ex.1014 ¶¶2-5.) The
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`“7.5M” portion of the publishing code indicates that 7,500 copies of the AVX
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`Catalog were printed. (Id.) Printed copies of the AVX Catalog were regularly
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`distributed to the public at large during at least the 2008-2010 timeframe, including
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`to customers and potential customers of AVX, at least some of whom were of
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`ordinary skill in the art in the area of multilayer ceramic capacitors. (Ex.1003
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`¶¶61-62; Ex.1012 ¶¶4-9.) The AVX Catalog was also distributed at a variety of
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`tradeshows and conferences in 2008 attended by the general public and those of
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`ordinary skill in the art in the area of multilayer ceramic capacitors. (Ex.1012 ¶¶5-
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`8.) In addition, the AVX Catalog was accessible on the Internet in 2008 via the
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`AVX website, and AVX employees regularly referred individuals to the AVX
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`Catalog available on-line. (Ex.1003 ¶62; Ex.1012 ¶¶9-10.) Based at least on the
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`foregoing, the AVX Catalog is prior art under §102(a)(1).
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`Products On Sale, Sold, and in Public Use
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`A set of multilayer ceramic capacitors manufactured and sold by AVX in
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`2012 were acquired and tested to assess the patentability of the ’381 patent. These
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`products (the “Group 39 capacitors”) were purchased on eBay by Petitioner’s
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`expert, Mr. John Galvagni on December 20, 2016. (Ex.1003 ¶47; Ex.1025.) The
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`Group 39 capacitors were housed on a reel having two capacitors thereon.
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`(Ex.1003 ¶48.) The reel included a label identifying the manufacturer as “AVXTM
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`A KYOCERA GROUP COMPANY.” (Ex.1003 ¶¶48-52.) The label also
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`included a shop order number of 2104531170 and an internal AVX specification
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`number of 32180272. (Id.) The label, the shop order number, and the AVX
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`specification number indicate the manufacturer as AVX Corporation. (Id.) Using
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`the shop order number and the AVX specification number, AVX business records
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`showed that the Group 39 capacitors correspond to catalog part number
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`0612YC105KAT2A and came from lot number P8229X099. (Ex.1003 ¶¶51-52;
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`Ex.1013 ¶¶3-4.) The lot number is a unique number assigned during production to
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`each group of same capacitors that are manufactured together. (Id.)
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`AVX’s business records further indicate that the Group 39 capacitors were
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`manufactured during the 39th week of 2012 (i.e., the week of Sept. 23, 2012) and
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`that the reel obtained by Mr. Galvagni were shipped to customer “AVX Czech-
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`Republic SRO” on September 28, 2012. (Ex.1003 ¶¶53-54; Ex. 1013 ¶5.) AVX
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`business records established that the same product (i.e., capacitors having the same
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`lot number, same catalog part number, and same internal AVX specification
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`number as the capacitors acquired by Mr. Galvagni) were sold to customer TTI,
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`Inc., and to other customers as well. (Ex.1003 ¶¶55-57; Ex.1013 ¶¶6-10;
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`Ex.1018.)
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`The AVX Catalog shows that the capacitors acquired by Mr. Galvagni for
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`testing were offered for sale at least as early as March of 2008. As indicated
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`above, the Group 39 capacitors had a catalog part number of 0612YC105KAT2A.
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`The AVX Catalog describes this part number and how to order this product.
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`(Ex.1008 at 60-61; Ex.1003 ¶¶58-60.) In addition, the dimensions described in the
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`AVX Catalog for part number 0612YC105KAT2A are consistent with the
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`measured dimensions discussed below for the capacitors acquired by Mr.
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`Galvagni. (Id.) The AVX product having part number 0612YC105KAT2A (e.g.,
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`the Group 39 capacitors) is prior art under §102(a)(1).
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`STATEMENT OF PRECISE RELIEF REQUESTED
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`Petitioner respectfully requests the Board initiate a post-grant review and
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`cancel Claims 1-19 of the ’381 patent as unpatentable pursuant to 35 U.S.C.
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`§321(b) based on the following of unpatentability proposed below.
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`THRESHOLD REQUIREMENT FOR POST-GRANT REVIEW
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`A petition for post-grant review must demonstrate that “it is more likely than
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`not that at least 1 of the claims challenged in the petition is unpatentable.” (35
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`U.S.C. §324(a).) The Petition meets this threshold. Each of the elements of
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`Claims 1-19 of the ’381 patent are taught in the prior art, as explained below. Also,
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`the reasons to combine relevant prior art are established for each ground under 35
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`U.S.C. §103.
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`Petition For Post-Grant Review of U.S. Patent No. 9,326,381
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`STATEMENT OF REASONS FOR RELIEF REQUESTED
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`I.
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`INTRODUCTION TO THE ’381 PATENT
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`Samsung Electro-Mechanics Co., LTD., filed U.S. Patent App. No.
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`14/259,011 on April 22, 2014, with a claim of priority to KR10-2013-0068498,
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`filed June 14, 2013. The ’011 application was allowed without a substantive office
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`action, issuing as the ’381 patent on April 26, 2016. (See Exs.1001-1002.)
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`The ’381 patent is directed to a “multilayer ceramic capacitor” with
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`specified dimensions to reduce acoustic noise. (Ex.1001 at 6:24-49.) Specifically,
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`the ’381 patent describes “controlling the thickness T and the width W of the
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`ceramic body 110” to reduce acoustic noise. (Id. at 6:24-26.) The ’381 patent also
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`describes “controlling the gap G between the first and second external electrodes
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`131 and 132” to reduce acoustic noise. (Id. at 6:34-39.) Specifically, the ’381
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`patent states that the “thickness T and the width W of the ceramic body 110”
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`should satisfy “0.75W ≤ T ≤ 1.25W.” (Id. at 6:24-26.) Also, the “gap between the
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`first and second external electrodes 131 and 132 [as] defined by G” should satisfy
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`“30 µm ≤ G ≤ 0.9W.” (Id. at 6:34-36.) That is, according to the ’381 patent, the
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`thickness of the ceramic capacitor 110 should be between 75% and 125% of the
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`width, and the gap between the electrodes should be less than 90% of the width,
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`but greater than 30 µm total. The ’381 patent further indicates that acoustic noise
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`can be reduced when each of the dielectric layers 111 between the first and second
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`internal electrodes 121 and 122 is at least two grains thick. (Id. at 7:17-19.)
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`The claims of the ’381 patent focus on the physical dimensions of the
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`capacitor, and on the size and number of dielectric grains in the dielectric layers.
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`As detailed below, however, capacitors having the claimed features had been
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`described in the art, marketed, and sold well before the filing date of the ’381
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`patent. In addition, Ahn (Ex.1007) discloses the need to reduce acoustic noise due
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`to vibration of multilayer ceramic capacitors. (See Ex.1007 ¶¶[0004], [0010]-
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`[0017].)
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`CONSTRUCTION OF THE CLAIMS
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`II.
`A claim in post-grant review receives the “broadest reasonable construction
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`in light of the specification.” (37 C.F.R. §42.200(b).) Except as specifically
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`discussed below, claim terms are presumed to take on their plain and ordinary
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`meaning to a person of ordinary skill in the art (hereinafter a “POSITA”) in view
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`of the specification at the time of the filing. The level of skill in the art, or a
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`POSITA for the ’381 patent is generally one who has a Bachelor’s degree in
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`electrical engineering, chemistry, and/or physics along with several years of
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`relevant applied research or industry work experience in the field of multilayer
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`ceramic capacitors. (See Ex.1003 ¶¶16-17.) The level of skill in the art is also
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`shown by the prior art cited herein.
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`i.
`“When a thickness of the ceramic body is defined as T and a
`width thereof is defined as W” (Claims 1 and 8)
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`The phrase “when a thickness of the ceramic body is defined as T and a
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`width thereof is defined as W” appears in each of independent Claims 1 and 8. In
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`both Claims 1 and 8, the phrase appears in the context of “wherein a thickness of
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`the ceramic body is defined as T and a width thereof is defined as W,
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`0.75W≤T≤1.25W is satisfied.” The issue with respect to this claim term is whether
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`the dimensions “W” and “T” include or exclude the external electrodes of the
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`capacitor. As discussed below, Petitioner believes the correct construction is that
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`the dimensions “W” and “T” as used in the claims exclude the external electrodes.
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`Regarding the “thickness T” and the “width W,” the ’381 patent explains:
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`Referring to FIGS. 1 through 4, a multilayer ceramic
`capacitor 100 ... may include a ceramic body 110
`including dielectric layers 111 and having first and
`second main surfaces S1 and S2 opposing each other,
`first and second side surfaces S5 and S6 opposing each
`other, and first and second end surfaces S3 and S4
`opposing each other....
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`(Ex.1001 at 4:17-23.) Referring to FIG. 1, the ’381 patent further states that “when
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`a thickness of the ceramic body 110 is defined as T and a width thereof is defined
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`as W, T and W satisfy 0.75W≤T≤1.25W.” (Ex.1001 at 4:34-36.) FIG. 1 of
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`the ’381 patent is reproduced below:
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`The ’381 patent further describes the ceramic body 110 with respect to
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`FIG. 2, stating that “FIG. 2 is a view showing a ceramic body according to an
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`exemplary embodiment.” (Ex.1001 at 4:12-13.) FIG. 2 is also reproduced below:
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`Figure 2 labels the width of the ceramic as “W,” and suggests that “T” is the
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`thickness of the ceramic body, without inclusion of the external electrodes 131,
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`132 on the surfaces of the ceramic body. (See also Ex.1001 at 5:56-59, 10:23-25.)
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`However, other portions of the ’381 patent confuse this issue by suggesting
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`that the “thickness T” and “width W” refer to the total thickness and width of the
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`ceramic body in combination with the external electrodes 131, 132 formed on the
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`ceramic body. For example, when referring to FIG. 4, the ’381 patent again
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`discusses that when the thickness and width of the ceramic body are “defined as T
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`and W, respectively, 0.75W≤T≤1.25W may be satisfied.” (See Ex.1001 at 6:9-23.)
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`FIG. 4 of the’381 patent then illustrates the extent of both the “thickness T” and
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`the “width W”:
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`Thus, FIG. 4 depicts the “thickness T” and the “width W” as encompassing
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`the external electrodes 131 and 132. Put another way, FIG. 4 depicts the
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`“thickness T” and the “width W” as respectively extending to the outer edges of
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`the external electrodes 131 and 132, as opposed to just the outer surfaces of the
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`underlying ceramic body 110.
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`Despite the confusion created by Figure 4 and its associated discussion, the
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`claims make clear that the correct construction of this term should exclude the
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`thickness of the external electrodes when measuring W and T. For example, claim
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`1 is directed to a multilayer ceramic capacitor, which comprises a ceramic body,
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`and first and second external electrodes. Claim 1 thus distinguishes between the
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`ceramic body itself (as depicted in Figure 2), versus the overall capacitor structure
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`that includes the external electrodes (as depicted in Figure 4). Claim 1 further
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`makes clear that the claimed W and T dimensions are of the “ceramic body,”
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`which is distinct from the overall capacitor and is distinct from the external
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`electrodes. Claim 4 is likewise supportive, which calls for a certain ratio between
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`the dimensions “L” and “W” of the “ceramic body.” Figure 2 shows that these “L”
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`and “W” dimensions are the length and width of the ceramic body 110, which does
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`not include the external electrodes.
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`Based on the claim language itself, and supported by the specification and
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`Figures 1 and 2, a POSITA would understand that the phrase “when a thickness of
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`the ceramic body is defined as T and a width thereof is defined as W” in the claims
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`refers to the thickness and width of the ceramic body not including the external
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`electrodes.1 (Ex.1003 ¶¶29-36.)
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`Ground 1.
`ITAMURA IN VIEW OF JEONG AND RUTT RENDERS
`CLAIMS 1-7 UNPATENTABLE.
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`Claims 1-7 of the ’381 patent are unpatentable under 35 U.S.C. §103 over
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`Itamura in view of Jeong, and further in view of Rutt.
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`ii.
`(a) “A multilayer ceramic capacitor, comprising:”
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`Independent Claim 1
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`1 Out of an abundance of caution, the Petition will demonstrate that the prior art
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`discloses this limitation regardless of which construction is applied.
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`Claim 1 is directed to a “multilayer ceramic capacitor, comprising ….”
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`Each of Itamura, Jeong, and Rutt are directed to “multilayer ceramic capacitors.”
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`Itamura is directed to a “monolithic ceramic capacitor” that a POSITA would
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`understand to be a “multilayer ceramic capacitor.” (Ex.1003 ¶¶40-42, pg. 23;
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`Ex.1004 at Title, Abstract, 3:23-4:41.) Jeong is directed to a “multilayer ceramic
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`capacitor.” (Ex.1005 at Abstract.) Rutt is directed to a “varistor or capacitor” that
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`a POSITA would understand to include a “multilayer ceramic capacitor.”
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`(Ex.1006 at Title, Abstract, 1:10-25, 2:32-41.)
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`(b) “a ceramic body ...;”
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`Claim 1 requires “a ceramic body including dielectric layers and having
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`first and second main surfaces opposing each other, first and second side
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`surfaces opposing each other, and first and second end surfaces opposing each
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`other.”
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`Regarding “a ceramic body including dielectric layers,” Itamura discloses
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`a “capacitor main body 3” that includes a plurality of “ceramic layers 2.” (Ex.1004
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`at 5:1-12, Figs. 1 and 2.) Fig. 2 of Itamura is reproduced below:
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`Itamura states that the “ceramic layers 2 [are] preferably made of ... a
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`dielectric ceramic.” (Ex.1004 at 5:9-10.) A POSITA would recognize that the
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`capacitor main body 3 of Itamura is a “ceramic body,” as claimed, and that the
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`ceramic layers 2 of Itamura are “dielectric layers,” as claimed. (Ex.1003 at
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`pgs. 23-26.)
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`Itamura further disclose a “ceramic body ... having first and second main
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`surfaces opposing each other, first and second side surfaces opposing each
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`other, and first and second end surfaces opposing each other.” (Ex.1003 at
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`pgs. 23-26; Ex.1004 at 5:1-34, Fig. 1.) Column 5, lines 19-34, of Itamura states
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`that:
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`The capacitor main body 3 preferably has a substantially
`rectangular parallelepiped shape having a first principal
`surface 8 and a second principal surface 9 facing each
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`other, a first side surface 10 and a second side surface 11
`facing each other, and a first end surface 12 and a second
`end surface 13 facing each other.
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`Fig. 1 of Itamura is shown below with annotations detailing the various
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`surfaces recited in the claims of the ’381 patent:
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`2nd Side
`Surface
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`1st Main
`Surface
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`2nd End
`Surface
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`1st End
`Surface
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`1st Side
`Surface
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`2nd Main
`Surface
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`Fig. 2 of the ’381 Patent is shown below with annotations detailing the
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`various surfaces recited in the claims of the ’381 patent
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`1st Main
`Surface
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`2nd Side
`Surface
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`2nd End
`Surface
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`1st End
`Surface
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`2nd Main
`Surface
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`1st Side
`Surface
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`Accordingly, a POSITA would understand that the “first principal surface 8”
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`and “second principal surface 9” of Itamura correspond to the “first and second
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`main surfaces” of the claims, that the “first end surface 12” and “second end
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`surface 13” of Itamura correspond to the “first and second side surfaces” of the
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`claims, and that the “first side surface 10” and “second side surface 11” of Itamura
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`correspond to the “first and second end surfaces” of the claims. (Ex.1003 at pgs.
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`23-26.)
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`Thus, a POSITA would recognize that Itamura discloses “a ceramic body
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`including dielectric layers and having first and second main surfaces opposing each
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`other, first and second side surfaces opposing each other, and first and second end
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`surfaces opposing each other,” as in Claim 1. (Id.)
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`(c) “an active layer ...”
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`Claim 1 also recites “an active layer including a plurality of first and
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`second internal electrodes disposed to face each other with at least one of the
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`dielectric layers interposed therebetween and alternately exposed to the first
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`or second side surface.” Itamura discloses an active layer that includes a plurality
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`of “internal electrodes 4 and 5.” (Ex.1003 at pgs. 26-29; Ex.1004 at 5:1-50, Fig.
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`2.) Fig. 2 of Itamura is reproduced below with an approximate example of the
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`active layer circled thereon:
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`Active
`Layer
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`As shown in Fig. 2 of Itamura, the respective internal electrodes 4 and 5 are
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`“disposed to face each other” and have respective dielectric layers (e.g., “ceramic
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`layers 2”) “interposed therebetween.” (Ex.1003 at pgs. 27-28: Ex.1004 at 5:1-18,
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`Fig. 2.)
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`In addition, the internal electrodes 4 and 5 of Itamura are “alternately
`
`exposed to the first or second side surface.” (Ex.1003 at pgs. 27-28; Ex.1004 at
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`Figs. 2-3B.) For example, Figs. 3A and 3B of Itamura show that the internal
`
`electrodes 4 are exposed to the side surface of capacitor main body 3 (i.e., surface
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`12) and that the internal electrodes 5 are exposed to the opposite side surface of the
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`capacitor main body 3 (i.e., surface 13). (Ex.1003 at pgs. 27-28; Ex.1004 at Figs.
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`3A, 3B and 5:40-50.) Figs. 3A and 3B of Itamura are reproduced below:
`
`
`
`Thus, a POSITA would recognize that Itamura discloses “an active layer
`
`including a plurality of first and second internal electrodes disposed to face each
`
`other with at least one of the dielectric layers interposed therebetween and
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`alternately exposed to the first or second side surface,” as in Claim 1. (Ex.1003 at
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`pg. 29.)
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`(d) “upper and lower cover layers…”
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`Claim 1 also recites “upper and lower cover layers disposed on and
`
`below the active layer, respectively.” Itamura discloses layers of dielectric
`
`material above the uppermost internal electrode 4 and below the lowermost
`
`internal electrode 5. (Ex.1003 at pg. 29; Ex.1004 at Fig. 2.) These layers of
`
`dielectric material are “on and below the active layer, respectively.” (Id.; see also
`
`annotated Fig. 2 above indicating the active layer.) Fig. 2 of Itamura is shown
`
`below with the upper and lower cover layers annotated thereon:
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`A POSITA would recognize that the portions of dielectric material above the
`
`uppermost internal electrode 4 and below the lowermost internal electrode 5
`
`correspond to the upper cover layer and lower cover layer, respectively, as
`
`claimed. (Ex.1003 at pg. 28.) Accordingly, Itamura discloses “upper and lower
`
`cover layers disposed on and below the active layer, respectively,” as in Claim 1.
`
`(Id.)
`
`(e) “a first external electrode [and] a second external electrode...”
`
`Claim 1 also recites “a first external electrode disposed on the first side
`
`surface of the ceramic body and electrically connected to the first internal
`
`electrodes and a second external electrode disposed on the second side surface
`
`and electrically connected to the second internal electrodes.” Itamura discloses
`
`a first external electrode (e.g., “first external terminal electrode 6”) disposed on the
`
`first side surface (e.g., “first end surface 12”) of the ceramic body and electrically
`
`connected to the first internal electrodes (e.g., “internal electrodes 4”) and a second
`
`external electrode (e.g., “second external terminal electrode 7”) disposed on the
`
`second side surface (e.g., “second end surface 13”) and electrically connected to
`
`the second internal electrodes (e.g., “internal electrodes 5”). (Ex.1003 at pgs. 29-
`
`30; Ex.1004 at 5:1-8, 5:32-47, Figs. 1-2.) Fig. 2 of Itamura shows the first and
`
`second electrodes 6 and 7 electrically connected to the internal electrodes 4 and 5,
`
`respectively:
`
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`Accordingly, a POSITA would recognize that Itamura discloses “a first
`
`external electrode disposed on the first side surface of the ceramic body and
`
`electrically connected to the first internal electrodes and a second external
`
`electrode disposed on the second side surface and electrically connected to the
`
`second internal electrodes,” as in Claim 1. (Ex.1003 at pgs. 29-30.)
`
`(f) “0.75W≤T≤1.25W”
`
`Claim 1 also recites “when a thickness of the ceramic body is defined as
`
`T and a width thereof is defined as W, 0.75W≤T≤1.25W is satisfied.” As
`
`discussed in the Claim Construction section above, the ’381 patent inconsistently
`
`refers to the “thickness ... T” and the “width ... W” of the “ceramic body.”
`
`However, Itamura discloses the above-referenced claim element both when the
`
`“thickness T” and “width W” of the present claim are interpreted as including the
`
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`external electrodes and when the claim elements are interpreted as excluding the
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`external electrodes. Both situations are discussed below.
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`External Electrodes Excluded
`
`If the “thickness T” and “width W” of Claim 1 are interpreted such that the
`
`thickness and the width dimensions do not encompass the external electrodes (i.e.,
`
`the thickness and width are interpreted as only the dimensions of the “capacitor
`
`main body 3” and thus are not interpreted to encompass the external electrodes 6
`
`and 7), as is Petitioner’s position, Itamura discloses that “when a thickness of the
`
`ceramic body is defined as T and a width thereof is defined as W,
`
`0.75W≤T≤1.25W is satisfied,” as recited in Claim 1. (Ex.1003 at pgs. 30-36.)
`
`Itamura is directed to a low inductance, “reverse-type” capacitor that has a
`
`configuration in which the dimension corresponding to the sides on which the
`
`external electrodes are respectively disposed (i.e., dimension W along sides 12 and
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`13 of Itamura) is greater than the dimension corresponding to the sides that extend
`
`between the two external electrodes (i.e., dimension L along sides 10 and 11 of
`
`Itamura). (See Ex.1003 at pgs. 30-32; Ex.1004 at Abstract, Fig. 1.) At the outset it
`
`should be noted that Itamura uses an opposite naming convention for its width and
`
`length dimensions than does the ’381 patent. (Ex.1003 at pgs. 31-36.) That is, the
`
`dimension “L” of Itamura corresponds to the dimension “W” from the claims and
`
`specification of the ’381 patent, and vice versa, i.e., the dimension “W” from
`
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`Itamura corresponds to the dimension “L” from the ’381 patent. (Id.) Itamura’s
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`naming convention will be maintained for the discussion of what Itamura
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`discloses. Fig. 1 of Itamura depicts the dimensions W and L of Itamura:
`
`
`
`Itamura thus discloses that its “dimension W” is greater than its “dimension
`
`L” and that its “dimension W is preferably in the range of about 1.5 to about 2.5
`
`times the dimension L.” (Ex.1003 at pgs. 31-33; Ex.1004 at 5:25-34.) This
`
`configuration is consistent with the design of reverse-geometry, low inductance
`
`capacitors within the capacitor industry. (Id.)
`
`Itamura further provides example dimensions of such a reverse-type, low
`
`inductance capacitor. For example, Itamura states that “when the capacitor main
`
`body 3 has approximate dimensions of about 1.6 mm x about 0.8 mm x about 0.8
`
`
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`mm, L1 is preferably in the range of about 200 μm to about 250 μm, for example.”
`
`(Ex.1004 at 7:62-65.) A POSITA would recognize that the “1.6 mm” dimension
`
`corresponds to a dimension of the capacitor main body 3 generally along the “W”
`
`dimension from Figure 1 of Itamura, the first “0.8 mm” dimension corresponds to a
`
`dimension of the capacitor main body 3 generally along the “L” dimension from
`
`Figure 1, and the second “0.8 mm” dimension corresponds to a dimension of the
`
`capacitor main body 3 generally along the “T” dimension from Figure 1. (Ex.1003
`
`at pg. 32.) As discussed above, Itamura is directed to “reverse-type,” low
`
`inductance capacitors that have a larger “W” dimension than “L” dimension per
`
`the terminology used in Figure 1 of Itamura. (Ex.1003 at pgs. 31-36; Ex.1004 at
`
`1:6-9, 1:53-2:3, 3:23-29, 5:25-34.) Thus, for such a “reverse-type” capacitor, the
`
`largest dimension would correspond to the “W” dimension of Itamura, i.e., the
`
`dimension corresponding to the primary sides on which the external electrodes are
`
`disposed. (Ex.1003 at pgs. 31-33.)
`
`Furthermore, the dimensions of “about 1.6 mm x about 0.8 mm x about 0.8
`
`mm” disclosed at column 7, lines 62-64 of Ita
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