UNITED STATES PATENT AND TRADEMARKOFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/363,703 02/27/2006 Rajinder Dhindsa LAM2P538 7314
119049 7590 07/28/2014
MPG, LLP and Lam Research Corp.
Albert Penilla
710 Lakeway Drive
Suite 200
Sunnyvale, CA 94085
EXAMINER
ALEJANDRO MULERO, LUZ L
ART UNIT PAPER NUMBER
1716
MAIL DATE DELIVERY MODE
07/28/2014 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________
Ex parte RAJINDER DHINDSA,
MUKUND SRINIVASAN, KENJI TAKESHITA,
ALEXEI MARAKHTANOV, and
ANDREAS FISCHER
____________
Appeal 2012-011340
Application 11/363,703
Technology Center 1700
____________
Before RICHARD M. LEBOVITZ, MICHAEL P. COLAIANNI, and
GEORGE C. BEST, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a plasma processing chamber.
The Examiner has rejected the claims as obvious. We have jurisdiction
under 35 U.S.C. § 134. We reverse.
I. STATEMENT OF CASE
Claims 33, 34, 36-39, and 47-57 are pending and stand rejected by the
Examiner as follows (Ans. 4 and 5):
Appeal 2012-011340
Application 11/363,703
2
1. Claims 33, 36-39, 47-49, and 51-53 under 35 U.S.C. § 103(a) as
obvious in view of Collins (US 6,054,013, issued Apr. 25, 2000) and Trow
(US 5,824,607, issued Oct. 20, 1998).
2. Claims 34, 50, and 54-57 under 35 U.S.C. § 103(a) as obvious in
view of Collins, Trow, and Li (US 6,178,919 B1, issued Jan. 30, 2001).
3. Claims 33, 36-38, 47-49, 51, and 52 under 35 U.S.C. § 103(a) as
obvious in view of Ishii (US 5,685,942, issued Nov. 11, 1997) in view of
Trow.
4. Claims 39 and 53 under 35 U.S.C. § 103(a) as obvious in view
Ishii, Trow, and Collins.
5. Claims 34, 50, and 54-56 were under 35 U.S.C. § 103(a) as
obvious in view of Ishii, Trow, and Li.
6. Claim 57 under 35 U.S.C. § 103(a) as obvious in view of Ishii,
Trow, Li, and Collins.
Claims 33, 47, and 54 are the only independent claims on appeal.
Claims 33 and 47 are representative and read as follows:
33. A plasma processing chamber configured to generate
a plasma, comprising:
a bottom electrode assembly having an bottom electrode
and a conductive ring surrounding the bottom electrode,
wherein the conductive ring is separated from the bottom
electrode by a dielectric ring and the conductive ring is
grounded, wherein the bottom electrode is configured to receive
a substrate; and
a top electrode assembly including a top capacitive
electrode, an inner and an outer inductive coil disposed above
the top capacitive electrode,
Appeal 2012-011340
Application 11/363,703
3
the outer inductive coil is disposed over a surface of the
conductive ring that is defined outside of a circumference of the
bottom electrode, and
the inner inductive coil is disposed over a surface of the
bottom electrode and positioned inside of the outer inductive
coil, such that the outer inductive coil and the inner inductive
coil are each coupled to a separate power supply to define a
region between the outer inductive coil and the conductive ring
with inductive power separately from a region between the
inner inductive coil and the bottom electrode.
47. A plasma processing chamber, comprising:
(a) a top electrode assembly including,
(i) a top capacitive electrode for processing a
semiconductor wafer in the processing chamber; and
(ii) an inner inductive coil and an outer inductive
coil for chamber cleaning or assisting in the processing of the
semiconductor wafer;
(b) a bottom electrode disposed under the top capacitive
electrode;
(c) a dielectric ring surrounding the bottom electrode;
(d) a conductive ring, being coupled to ground, surrounds
the bottom electrode, such that the dielectric ring is disposed
between the conductive ring and the bottom electrode;
wherein the inner inductive coil is disposed over the
bottom electrode and the outer inductive coil is disposed over
the conductive ring.
Appeal 2012-011340
Application 11/363,703
4
II. CLAIM INTERPRETATION
Claim interpretation is at the heart of patent examination because
before a claim can be compared to the prior art, it must be interpreted. We
thus begin our review with claim interpretation.
In this appeal, the proper interpretation of “disposed over” is at issue.
All the independent claims are directed to a plasma processing chamber
comprising a top electrode and a bottom electrode. The bottom electrode is
surrounded by a dielectric ring and a conductive ring, where the dielectric
ring is between the bottom electrode and conductive ring. The claims
further require an inner inductive coil to be “disposed over” the bottom
electrode and an outer inductive coil to be “disposed over” the conductive
ring. The Examiner interpreted the term “over” to be a “broad term that
means above or at a higher place.” Ans. 16. Appellants contend that the
Examiner’s interpretation is improper and that “over,” and more precisely
“disposed over” which is a recited in all the rejected claims, defines “an
object which is vertically aligned over another object.” Reply Br. 6.
During patent examination the words in a claim are given their
“broadest reasonable meaning . . . in their ordinary usage as they would be
understood by one of ordinary skill in the art, taking into account whatever
enlightenment by way of definitions or otherwise that may be afforded by
the written description contained in the applicant’s specification.” In re
Morris, 127 F.3d 1048, 1054 (Fed. Cir. 1997).
First, we look to the Specification. The Specification does not define
the phrase “disposed over.” We thus turn to the ordinary definition of the
terms. “Dispose” means “to put (someone or something) in a particular
Appeal 2012-011340
Application 11/363,703
5
position or place.”1 “Over” means “above in place or position” or “on top of
(something: so as to cover (something).”2 In other words, the ordinary usage
of “disposed over” is that something – in this case the inner or outer coil – is
put above and on top of the position of the electrode. Since the inner coil is
“disposed over” the bottom electrode, the broadest reasonable interpretation
is that the inner coil is positioned above and on top of the bottom electrode.
Likewise, the broadest reasonable interpretation of the claimed requirement
that the outer coil is “disposed over” the conductive ring is that the outer coil
is positioned above and on top of the conductive ring.
This interpretation is consistent with the drawings in the Specification.
Figure 2 of the specification shows outer inductive coil 212B positioned
above and on top of conductive ring 233 and inner conductive coil 212A
positioned above and on top of bottom electrode 231. During the
prosecution of the application, the Examiner had relied upon this drawing in
interpreting the claim, as did Appellants in identifying written description
support for the claims containing term “disposed over.” Non-Final Action
3-4 (Dec. 3, 2010); Amendment (Apr. 4, 2011).
In addition, the Specification teaches:
During chamber clean, the coil 112 is powered by the RF power
source 127 to produce inductively coupled plasma in region
150. During chamber clean, the conductive ring 133 is
grounded and the bottom electrode is floating; therefore, the
inductively coupled plasma in region 150 is mainly
concentrated between the inductive coil 112 and the conductive
ring 133.
Spec. ¶ 27 (emphasis added).
1 http://www.merriam-webster.com/dictionary/dispose (accessed July 3,
2014).
2 http://dictionary.reference.com/browse/over (accessed July 3, 2014.)
Appeal 2012-011340
Application 11/363,703
6
Figure 1A shows the inductive coil 112 above and on top of the
conductive ring 133. Thus, the position of the coil with respect the ring
directs where the plasma will be concentrated, and is not merely arbitrary.
To sum it up, the Examiner’s interpretation that “disposed over”
means that the coils are at “higher place” is not supported by the plain
meaning of this phrase as it would be interpreted by one of ordinary skill in
the art in the light of the Specification.
III. REJECTIONS
A. Collins and Trow (Rejections 1 and 2)
The Examiner found that Collins describes a plasma processing
chamber as claimed, but not with a dielectric ring and conductive ring as
recited in the claim. Ans. 6. For these features, the Examiner relied upon
Trow. Id. As to the requirement in the claims that the inner and outer coils
are “disposed over” the bottom electrode and conductive ring, respectively,
the Examiner found that the claimed configuration would be manifested in
Collins as “modified by” Trow, but did not give a reason to have made the
specifically claimed relationship between the coils, electrode, and ring. Id.
at 6-7.
In response to Appellants’ arguments that there is no teaching of the
recited relationship between the elements, the Examiner relied on the
interpretation of “over” as meaning in a “higher place,” without clearly
articulating why the combination of references would have led one of
ordinary skill in the art to the claimed configuration. Ans. 16. The
Examiner states that “since the outer inductive coil is positioned above the
ceiling of the chamber which is over, above or at a higher place that the
position of the conductive ring.” Id.
Appeal 2012-011340
Application 11/363,703
7
As explained above, the Examiner’s interpretation is improper. The
broadest reasonable interpretation of the claimed requirement that the outer
coil is “disposed above” the conductive ring is that the outer coil is
positioned above and on top of at least a portion the conductive ring.
Because the Examiner’s rejections were based on an improper interpretation
of the claims, we are compelled to reverse Rejections 1 and 3 of claims 33,
47, and 54, and dependent claims 34, 36-39, and 48-53, over the
combination of Collins and Trow, and the additional secondary publications.
B. Ishii and Trow (Rejections 3-6)
In the second set of rejections, the Examiner cited Ishii rather than
Collins for the same teaching of a plasma deposition chamber which lacks
the conductive and dielectric rings. Ans. 9. The Examiner’s logic is the
same as in the rejection over Collins and Trow, applying the improper
interpretation of “disposed over” which does not require the outer coil to be
positioned above and on top of a portion of the conductive ring. Id. at 18-
19. We find this interpretation to be defective. Consequently, we reverse
Rejections 3-6 over Ishii and Trow for the reason that the rejections are
based on an improper interpretation of claims 33, 47, and 54. The rejection
of dependent claims 33, 34, 36-39, and 47-56 are also reversed.
REVERSED
cam
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1dis·pose verb \di-ˈspōz\
: to cause (someone) to be likely to do or have something
: to put (someone or something) in a particular position or
place
dis·posed dis·pos·ing
Full Definition of DISPOSE
transitive verb
: to give a tendency to : INCLINE
a : to put in place : set in readiness : ARRANGE
b obsolete : REGULATE
c : BESTOW
intransitive verb
: to settle a matter finally
obsolete : to come to terms
— dis·pos·er noun
— dispose of
: to place, distribute, or arrange especially in an
orderly way
a : to transfer to the control of another
b (1) : to get rid of
(2) : to deal with conclusively
See dispose defined for English-language learners »
See dispose defined for kids »
Examples of DISPOSE
Origin of DISPOSE
Middle English, from Anglo-French desposer, from Latin
disponere to arrange (perfect indicative disposui), from dis-
+ ponere to put — more at POSITION
First Known Use: 14th century
Related to DISPOSE
Synonyms
depose, deposit, place, emplace, fix, lay, position,
put, set, set up, situate, stick
Antonyms
derange, disarrange, disarray, disorder, mess (up),
muss (up), rumple, upset
[+] more
See Synonym Discussion at incline
Rhymes with DISPOSE
appose, bluenose, brownnose, compose, depose, dextrose,
disclose, dog rose, enclose, expose, foreclose, fructose,
glucose, hardnose, impos...
[+] more
2dispose noun
Definition of DISPOSE
obsolete : DISPOSAL
obsolete
a : DISPOSITION
b : DEMEANOR
First Known Use of DISPOSE
1590
Learn More About DISPOSE
Thesaurus: All synonyms and antonyms for "dispose"
Spanish Central Translation: "dispose" in Spanish
Browse
Next Word in the Dictionary: disposedly
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9 comments
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Frances Romero Leal · El Paso, Texas
the court case was disposed.
Reply · Like · February 19 at 2:24pm
Reply using...
Morne Wms · Shuttle Bus Driver at RGIS
I heard it in church when my pastor was talking about disposing
of a body.
Reply · Like · · April 22, 2013 at 5:28pm1
David Leach · Top Commenter · Seton Hall
University School of Law
Did he manage to get rid of all the evidence?
Reply · Like · February 14 at 8:57am
Reply using...
Artyom Timeyev · ТГНГУ
‘Yes,’ answered the manager; ‘he sent his assistant down the
river with a note to me in these terms: “Clear this poor devil out
of the country, and don’t bother sending more of that sort. I
had rather be alone than have the kind of men you can dispose
of with me.”.
195k
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Over - Definition and More from the Free Merriam-Webster Dictionary
http://www.merriam-webster.com/dictionary/over[7/28/2014 9:59:17 AM]
1over
adverb \ˈō-vər\
: in an upward and forward direction across something
: downward from an upright position
: downward to a flat or horizontal position
59Like
Full Definition of OVER
1
a : across a barrier or intervening space; especially : across the
goal line in football
b : forward beyond an edge or brink and often down
c : across the brim
d : so as to bring the underside up
e : from a vertical to a prone or inclined position
f : from one person or side to another
g : across
h : to one's home
i : on the other side of an intervening space
j : to agreement or concord
2
a (1) : beyond some quantity, limit, or norm often by a
specified amount or to a specified degree (2) : in an excessive manner : inordinately
b : till a later time (as the next day) : overnight
3
a : above
b : so as to cover the whole surface
4
—used on a two-way radio circuit to indicate that a message is
complete and a reply is expected
5
a : through ; also : in an intensive or
comprehensive manner
b : once more : again
See over defined for English-language learners »
See over defined for kids »
Examples of OVER
Over - Definition and More from the Free Merriam-Webster Dictionary
http://www.merriam-webster.com/dictionary/over[7/28/2014 9:59:17 AM]
1. The wall's too high for us to climb over.
2. We came to a stream and jumped over.
3. She leaned over and kissed him.
4. She knocked over the lamp.
5. A couple of trees fell over during the storm.
6. The baby rolled over onto his stomach.
Origin of OVER
Middle English, adverb & preposition, from Old English ofer; akin
to Old High German ubar (preposition) above, beyond, over,
Latin super, Greek hyper
First Known Use: before 12th century
Related to OVER
Synonyms
across, athwart, through
Antonyms
nevermore
[+]more[-]hide
Rhymes with OVER
clover, Dover, drover, rover, stover, trover
2over
preposition
: from, to, or at a place that is higher than (someone or
something)
: on top of (something) : so as to cover (something)
: beyond and down from (something)
Full Definition of OVER
1
—used as a function word to indicate motion or situation in a
position higher than or above another
2
a —used as a function word to indicate the possession of
authority, power, or jurisdiction in regard to some thing or
person
b —used as a function word to indicate superiority, advantage,
or preference
c —used as a function word to indicate one that is overcome,
Over - Definition and More from the Free Merriam-Webster Dictionary
http://www.merriam-webster.com/dictionary/over[7/28/2014 9:59:17 AM]
circumvented, or disregarded
3
a : more than
b : above 4
4
a —used as a function word to indicate position upon or
movement down upon
b (1) : all through or throughout
(2) —used as a function word connecting
one mathematical set and another whose elements are
coefficients or values of parameters used to form elements of
the first set
c —used as a function word to indicate a particular medium or
channel of communication
5
—used as a function word to indicate position on or motion to
the other side or beyond
6
a : throughout, during
b : until the end of
7
a —used as a function word to indicate an object of solicitude,
interest, consideration, or reference
b —used as a function word to indicate the object of an
expressed or implied occupation, activity, or concern
See over defined for English-language learners »
Examples of OVER
1. The sun's coming up over the mountain.
2. She looked at him over the top of her glasses.
3. Their balcony looks out over the city.
4. He looked over the fence.
5. A plane was flying low over the trees.
6. The meat was cooked over an open fire.
7. She slung the bag over her shoulder.
8. His hat was pulled low over his eyes.
9. Throw the rocks over the side of the boat.
10. He fell over the cliff's edge.
First Known Use of OVER
before 12th century
Related to OVER
Synonyms
above
Antonyms
Over - Definition and More from the Free Merriam-Webster Dictionary
http://www.merriam-webster.com/dictionary/over[7/28/2014 9:59:17 AM]
below, beneath, under
[+]more[-]hide
3over
adjective
: having reached the end
Full Definition of OVER
1
a : upper, higher
b : outer, covering
c : excessive
2
a : not used up : remaining
b : having or showing an excess or surplus
3
: being at an end
4
: fried on both sides
— over easy
: fried on one side then turned and fried lightly on the other
side
See over defined for English-language learners »
Examples of OVER
1. When is this class over?
2. And before we knew it, the storm was over.
3. When it's over, it's over. You don't get a second chance.
First Known Use of OVER
before 12th century
Related to OVER
Synonyms
completed, concluded, done, down, ended, finished,
complete, over with, terminated, through, up
Antonyms
continuing, incomplete, ongoing, uncompleted, undone,
unfinished
[+]more[-]hide
Over - Definition and More from the Free Merriam-Webster Dictionary
http://www.merriam-webster.com/dictionary/over[7/28/2014 9:59:17 AM]
4over
verb
overedover·ing \ˈō-və-riŋ, ˈōv-riŋ\
Definition of OVER
transitive verb
: to leap over
First Known Use of OVER
1837
Learn More About OVER
Thesaurus: All synonyms and antonyms for "over"
Spanish Central Translation: "over" in Spanish
Britannica.com: Encyclopedia article about "over"
Browse
Next Word in the Dictionary: over-
Previous Word in the Dictionary: oven wood
All Words Near: over
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What made you want to look up over? Please tell us where you
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11 comments
Comment using...
Frank Ordu · University of Nigeria, Nsukka
God says see i have this day set you over the nations and
over the kingdoms ..... Jere 1:10
Reply · · February 21 at 4:59am
Robin Michel · Writer at Central Connecticut Senior
Health Services
I was taught that it is "more than" $60. It bugs me when I see
"over" $60 because nothing is literally hovering over the cash.
Opinion on if it is now acceptable to use "over" to mean "more
than"? (or is it "more than?"
Reply · · February 4, 2013 at 9:41am
Over - Definition and More from the Free Merriam-Webster Dictionary
http://www.merriam-webster.com/dictionary/over[7/28/2014 9:59:17 AM]
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Andrew Nuwanda Dalton · Rosemead High
I also came because the over/more than business is
bubbling up again. And I got the ammunition I wanted, thank
you.
Reply · · August 2, 2012 at 11:38am
Dora Dalton · El Dorado High School
You're being told not to use over, always more
than? So many debunkings in grammar land.
Reply · · August 2, 2012 at 12:58pm
Mary Kathleen Brennan · Works at Truth and Justice
for All
words with friends.
Reply · · July 25, 2012 at 4:42pm
Mary Kathleen Brennan · Works at Truth
and Justice for All
looked up overed\
Reply · · July 26, 2012 at 2:37am
Margareth Diniz · Faculdade Ibero Americana
`send over the edge'...song.
Reply · · March 26, 2012 at 2:46pm
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