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Inter Partes Review
`United States Patent No. RE41,980
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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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`
`
`
`
`
`
`
`
`
`
`Taiwan Semiconductor Manufacturing Company Limited
`
`Petitioner
`
`v.
`
`Godo Kaisha IP Bridge 1
`
`Patent Owner
`
`
`
`Inter Partes Review No. IPR2016-01367
`U.S. Patent RE41,980
`
`
`
`REQUEST FOR REHEARING UNDER 37 C.F.R. § 42.71(D)(2)
`
`

`

`
`
`Inter Partes Review
`United States Patent No. RE41,980
`
`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION .......................................................................................... 1
`
`II. ARGUMENT ................................................................................................... 3
`
`A.
`
`The Board misapprehended the “distinction” between “interlayer
`insulating film” and “buried insulating film”......................................... 3
`
`1.
`
`2.
`
`3.
`
`The Board misapprehended the features of the “buried
`insulating film.” ........................................................................... 3
`
`The smoothness of the bottom surface of interlayer
`insulating film 11 in the figures does not justify the
`Board’s definition of “interlayer insulating film.” ...................... 5
`
`The Board misapprehended the intrinsic evidence to limit
`the scope of “interlayer insulating film” to exclude any
`intralayer properties. .................................................................... 7
`
`B.
`
`The extrinsic evidence does not support the Board’s construction
`of “interlayer insulating film” ................................................................ 9
`
`1.
`
`2.
`
`The Board misapprehended the teachings of the ’811
`patent ............................................................................................ 9
`
`The Board misapprehended the dictionary definitions the
`Patent Owner cited ..................................................................... 11
`
`C.
`
`The Board’s misapprehension of the evidence led it to err in
`finding Wollesen’s layer 9, which fills areas both between metal
`wire layers and between metal wires in the same layer, was not
`an “interlayer insulating film” as claimed in the ’980 patent .............. 12
`
`III. CONCLUSION ............................................................................................. 14
`
`
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`
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`

`

`
`
`I.
`
`INTRODUCTION
`
`Inter Partes Review
`United States Patent No. RE41,980
`
`Under 37 C.F.R. § 42.71(d)(2), Petitioner respectfully requests rehearing of
`
`the Board’s Decision (Paper No. 8) because the Board misapprehended or
`
`overlooked the intrinsic and extrinsic evidence to misconstrue the term “interlayer
`
`insulating film.”
`
`In discussing the intrinsic evidence, the Board, referring only to Figures 1-17
`
`and the different titles of “buried” and “interlayer” insulating films,
`
`misapprehended the distinction between the “buried insulating film” 13 and
`
`“interlayer insulating film” 11 in the ’980 patent. Decision at 8-10. The Board
`
`overlooked the entirety of the ’980 patent disclosure showing that those terms differ
`
`because: (1) the “buried” insulating film must be formed on the uppermost metal
`
`wire layer (which means it cannot be an “interlayer” insulating film); and (2) the
`
`term “buried” is used to reflect the alleged inventive concept of the invention
`
`(which distinguished it over the prior art). The difference is not, as the Board
`
`concluded, a superficial one based on the drawings showing the buried insulating
`
`film 13 extending into another film. Indeed, the specification explains the drawings
`
`are only partial renditions of the layers in a semiconductor structure, and do not
`
`accurately depict interlayer insulating film 11.
`
`Moreover, the Board equated the ’980 patent’s buried insulating film 13 with
`
`an “intralayer” dielectric, even though film 13 did not meet the definition the Board
`
`1
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`assigned for “intralayer,” and the term “intralayer” appears nowhere in the ’980
`
`patent. Figure 1 shows that film 13 not only exists between adjacent metal wires 12,
`
`it also extends above the layer of metal wires 12, something that the Board
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`specifically excluded from its definition of “intralayer.” Despite this evidence, the
`
`Board incorrectly concluded that a “buried” insulating film was identical to an
`
`“intralayer” film, and that an “interlayer” film could not have “intralayer” features.
`
`With regard to extrinsic evidence, the Board misapplied the teachings of U.S.
`
`Patent No. 6,432,811 (“the ’811 patent”) to the ’980 patent in equating the ’980
`
`patent’s use of “buried” to the ’811 patent’s use of “intralayer.” The Board
`
`overlooked that the ’811 patent teaches a composite “interlayer” dielectric that
`
`provides both “interlayer” and “intralayer” insulating properties. The Board also
`
`overlooked the fact that the ’811 patent addressed an intralayer dielectric material,
`
`and not a dielectric layer or film like the ’980 patent’s buried insulating film. The
`
`Board also cited general dictionary definitions of “inter-” and intra-,” which have
`
`dubious value in this technology, and, in any event, do not support the Board’s
`
`limiting construction of “interlayer insulating film.” Those definitions do not
`
`require that an insulating film only have interlayer features or intralayer features,
`
`but not both.
`
`These misapprehensions and errors led the Board to discount the Wollesen
`
`reference, which teaches an “interlayer insulating film” as the claims recite.
`
`2
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`

`

`
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`Inter Partes Review
`United States Patent No. RE41,980
`
`II. ARGUMENT
`A. The Board misapprehended the “distinction” between “interlayer
`insulating film” and “buried insulating film”
`
`The “interlayer” and “buried” insulating films in the ’980 patent are
`
`“distinct,” but the Board misapprehended the reason for that distinction when it
`
`concluded they are “two distinct configurations of insulating films.” Decision at 9.
`
`In its preliminary response (“POPR”), Patent Owner superficially
`
`distinguished between an “interlayer insulating film” and a “buried insulating film”
`
`by simply pointing to the patent figures, which all showed metal wires inside the
`
`buried insulating film and the interlayer insulating film with metal wires on top of it.
`
`See Paper No. 7, POPR, at 9-10. The Board agreed with this distinction (Decision at
`
`8-10), and thus, misapprehended and misunderstood the ’980 patent. There is no
`
`evidence to support the Patent Owner’s and the Board’s reason for the distinction,
`
`which is whether the film extends into a metal wire layer. Rather, the record
`
`evidence demonstrates the ’980 patent uses “buried” and “interlayer” to describe
`
`insulating films that differ because of their location in the semiconductor structure
`
`and to differentiate the claimed structure over the prior art.
`
`1.
`
`The Board misapprehended the features of the “buried
`insulating film.”
`
`When the Board characterized the “buried insulating film” as a film “with
`
`something (namely, metal wires) buried within it” (Decision at 10), it overlooked
`
`the fact that the “buried” film in the ’980 patent is always deposited on the
`
`3
`
`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`uppermost metal wire layer as a part of a surface protection film 20 and fills areas
`
`between and above adjacent metal wires 12 in the uppermost metal wire layer of a
`
`semiconductor device. Ex. 1001, 8:4-9, 10:44-49, 13:39-47, 15:7-16, 15:52-57, FIG.
`
`1 (film 13) (each cited in POPR at 10); see also id. 1:23-27 (cited in Decision at 3);
`
`7:25-28 (part of citation in Petition at 25, n. 3). By filling those areas, the buried
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`film 13 allows the top passivation layer of the surface protection film 20 to form
`
`over the buried film without coverage defects (e.g., air pockets shown in FIG. 20a)
`
`between the wires as in the prior art. See id., Abstract (cited in Petition at 11); 2:11-
`
`15 (within citation in Petition at 11); FIG. 20 (cited in Petition at 11-12).
`
`Because buried insulating film 13 is formed on the uppermost metal wire
`
`layer, it cannot be an “interlayer insulating film” between different metal wire
`
`layers. Decision at 9. The intrinsic evidence supports this distinction.
`
`Using the modifier “buried” to describe film 13 also distinguished the
`
`invention from the prior art, which had an “underlying” insulating film 19 in the
`
`uppermost metal wire layer. See, e.g., Petition at 11-15. Calling film 13 a “buried”
`
`insulating film thus highlights the alleged inventive feature, which is forming the
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`top “passivation” film of the surface protection film over both the buried film and
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`metal wire layer without forming coverage defects. See, e.g., Ex. 1001, Abstract
`
`(cited in Petition at 11); 2:11-15 (within citation in Petition at 11); and claims 18
`
`and 35 (claiming a “surface protecting film” with a “first dielectric film” and a
`
`4
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`“second dielectric film with a higher moisture absorption preventing function than
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`said first dielectric film for covering said metal wire layer and said first dielectric
`
`film”).
`
`Although the ’980 patent used two different terms “buried” and “interlayer”
`
`to describe insulating films 13 and 11, respectively, the intrinsic evidence shows
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`that different words were used because of film 13’s location and its features, not, as
`
`the Board found, because film 13 protrudes into another layer.
`
`2.
`
`The smoothness of the bottom surface of interlayer
`insulating film 11 in the figures does not justify the Board’s
`definition of “interlayer insulating film.”
`
`Without the benefit of an expert declaration, Patent Owner assigned
`
`significance to the fact that the bottom surface of interlayer insulating film 11 was
`
`smooth, while that of buried insulating film 13 was not. See POPR at 9-10;
`
`FIGS. 1-17 (cited in POPR at 9). The Board appears to have adopted this position
`
`(Decision at 8), and thus, misapprehended the reason for the difference.
`
`The specification suggests only one reason for the smooth bottom of film 11,
`
`which is that Figures 1-17 omitted all of the metal wire layers and interlayer
`
`insulating films below the interlayer insulating film 11 because they had “no
`
`relation to the characteristics of the present invention.” Ex. 1001, 7:18-28 (cited in
`
`Petition at 25, n. 3). The ’980 patent only concerns the uppermost metal wire layer
`
`12, which is why only the interlayer insulating film 11 formed under the metal
`
`5
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`wires 12 is shown in the Figures. Ex. 1001, 1:35-44 (within citation in Petition at
`
`11). The smooth bottom surface of interlayer film 11 is consistent with only
`
`showing a partial view of the semiconductor device. Nothing else in the
`
`specification provides any other reason for the smooth bottom surface, and it would
`
`be error to invent such a reason. See, e.g., Starhome GMBH v. AT&T Mobility LLC,
`
`743 F.3d 849, 857 (Fed. Cir. 2014) (refusing to limit a claim construction based on
`
`a “simplified drawing,” which at best inserted ambiguity as to the ordinary meaning
`
`of the claim term).
`
`In addition, nothing in the ’980 patent precludes an interlayer insulating film
`
`from containing wires or being partially formed between wires in an underlying
`
`metal wire layer. There is no clear and unmistakable disavowal, and neither the
`
`Board nor Patent Owner have cited any, that would mandate imposing the Board’s
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`negative limitation of prohibiting the “interlayer insulating film” from extending
`
`into another layer. See, e.g., Omega Eng’g, Inc. v. Raytek Corp., 334 F.3d 1314,
`
`1323 (Fed. Cir. 2003) (finding no support for a negative limitation in a claim
`
`construction absent “any express disclaimer or independent lexicography in the
`
`written description that would justify adding that negative limitation”). It would be
`
`clear error to find such a disavowal when the only reason the ’980 patent suggests
`
`for not showing metal wire layers under the interlayer insulating film 11 is because
`
`6
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`they were not relevant to the invention. Ex. 1001, 7:18-28 (cited in Petition at 25, n.
`
`3); see also id. 1:35-44 (within citation in Petition at 11).
`
`3.
`
`The Board misapprehended the intrinsic evidence to limit
`the scope of “interlayer insulating film” to exclude any
`intralayer properties.
`
`The Board based its construction and scope of “interlayer insulating film” on
`
`the observation that “[t]he ’811 patent . . . uses the term ‘intralayer’ in the same
`
`manner as the ’980 patent uses the term ‘buried.’” Decision at 9. The Board
`
`elaborated that “an intralayer dielectric is found between adjacent interconnect
`
`lines, rather than vertically above or below those interconnect lines.” Id. Thus, the
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`Board essentially erroneously concluded that “interlayer” and “intralayer” refer to
`
`two distinct and exclusive configurations of insulating films in the ’980 patent. Id.
`
`The Board, however, misapprehended the buried insulating film 13 in the
`
`’980 patent. Figure 1 of the ‘980 patent (reproduced below) shows buried film 13
`
`both between adjacent interconnect lines (metal wires 12) and vertically above
`
`those lines.
`
`7
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`
`
`Ex. 1001, FIG. 1. See FIGS. 1, 5, 7 (cited in POPR at 4-6).
`
`Figure 1 shows dielectric material in film 13 extending vertically above the
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`metal wires 12, which conflicts with the Board’s definition of “intralayer” as “‘a
`
`dielectric [] found between adjacent interconnect lines, rather than vertically above
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`or below those interconnect lines.’” Ex. 2003, 3:48-53 (emphasis added) (cited in
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`Decision at 9; POPR at 11). Based on its own logic, the Board clearly erred in
`
`concluding that the ’811 patent uses “intralayer” in the same manner as the ’980
`
`patent uses the term “buried.” Decision at 9.
`
`The Board’s error in calling the “buried” film an “intralayer” film, in
`
`combination with its misapprehension of why the “buried” and “interlayer” films
`
`are distinct (Section II(A)(1) supra), incorrectly led the Board to limit the claimed
`
`“interlayer insulating film” to a film that does not have “intralayer” properties.
`
`8
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
`
`B.
`
`The extrinsic evidence does not support the Board’s construction
`of “interlayer insulating film”
`1.
`In support of its construction of “interlayer insulating film,” Patent Owner
`
`The Board misapprehended the teachings of the ’811 patent
`
`cited this definition from the ’811 patent:
`
`The term intralayer dielectric as used in this field is understood to
`refer to the dielectric material disposed between interconnect lines
`on a given interconnect level. That is, an intralayer dielectric is
`found between adjacent interconnect lines, rather than vertically
`above or below those interconnect lines.”
`
`POPR at 11 (citing Ex. 2003, 3:48-53) (emphasis added). The Board accepted this
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`extrinsic evidence but misapprehended its significance and improperly relied on it.
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`Decision at 8-9.
`
`Consistent with the Board’s cited definition, dielectric material that provides
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`electrical insulation vertically, which the ’811 patent defines as substantially
`
`perpendicular to the surface of the substrate (Ex. 2003, 3:54-55), between different
`
`interconnect layers would be an interlayer dielectric layer. The ’811 patent,
`
`however, does not in any way preclude an insulating film from having both
`
`“intralayer” and “interlayer” insulating properties. Indeed, the ’811 patent teaches a
`
`composite “interlayer” dielectric that provides both “interlayer” and “intralayer”
`
`insulating properties.
`
`9
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
`
`For example, Figure 1 in the ’811 patent (reproduced and annotated below)
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`shows a “composite interlayer dielectric” with combined layers 104 and 102 located
`
`between adjacent trenches for interconnect lines (“intra” direction shown by the red
`
`line), and between the interconnect lines above and below the composite interlayer
`
`dielectric (“inter” direction shown by the blue lines). Ex. 2003, 1:55-58. This
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`dielectric layer provides an “interlayer” insulating property between different metal
`
`wire layers, and also has a portion disposed between adjacent interconnect lines that
`
`provides an “intralayer” insulating property.
`
`
`
`Therefore, the ’811 patent does not support the conclusion that an “interlayer
`
`insulating film” cannot have “intralayer” insulating properties.
`
`The Board’s cited definition from the ’811 patent only indicates that
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`intralayer dielectric material (not film) disposed between adjacent metal wires in an
`
`interconnect layer prevents parasitic capacitance and electrical current flow
`
`horizontally between the wires. See also, Petition at 6 (describing parasitic
`
`capacitance between adjacent interconnect lines). It does not refer to or define what
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`10
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`

`

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`Inter Partes Review
`United States Patent No. RE41,980
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`is an intralayer dielectric film. The ’811 patent teaches that the intralayer dielectric
`
`is “material” between individual metal wires in a layer, and nowhere is that
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`intralayer dielectric material referred to as a “layer” or “film.” In contrast, the ’811
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`patent does consistently refer to “interlayer dielectric (ILD) layers” as separate from
`
`the defined dielectric “material.” Compare, e.g., Ex. 2003, 3:48-53 with 3:62-63.
`
`The ’980 patent terms only concern films and layers, not material.
`
`2.
`
`The Board misapprehended the dictionary definitions the
`Patent Owner cited
`
`The Federal Circuit has cautioned against using general-purpose dictionaries
`
`in a manner inconsistent with the specification. See, e.g., Phillips v. AWH Corp.,
`
`415 F.3d 1303, 1321 (Fed. Cir. 2005)). This case shows why. The dictionary
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`definitions of the prefixes “inter-” and “intra-” offered by the Patent Owner and
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`cited by the Board have nothing to do with layers in a semiconductor structure.
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`Moreover, those definitions do not support the Board’s conclusions that the
`
`terms are mutually exclusive in the context of insulating layers in a semiconductor
`
`device. The dictionary merely defined “intra” as “within, in, or into something,”
`
`and “inter” as “located between” or “between the limits of.” Decision at 8; Ex.
`
`2001, 2002. Nothing in either definition precludes an “interlayer insulating film”
`
`from also being “within or in” another layer, as the Board concluded.
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`11
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`Inter Partes Review
`United States Patent No. RE41,980
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`C. The Board’s misapprehension of the evidence led it to err in
`finding Wollesen’s layer 9, which fills areas both between metal
`wire layers and between metal wires in the same layer, was not an
`“interlayer insulating film” as claimed in the ’980 patent
`
`The Board’s misapprehension of the “buried insulating film” and its
`
`supposed distinct configuration from an “interlayer insulating film” in the ’980
`
`patent resulted in the erroneous conclusion that Wollesen’s dielectric layer 9 is a
`
`“buried insulating film,” and therefore not an “interlayer insulating film.” Decision
`
`at 12. Wollesen’s dielectric layer 9 is not a buried insulating film because it is not
`
`between metal wires in the uppermost metal wire layer.1 Although Wollesen’s
`
`dielectric layer 9 cannot be the “buried insulating film” in the ’980 patent, it is an
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`“interlayer insulating film” since it provides electrical insulation between different
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`metal wire layers 8 and 10. See Petition at 25-26; Ex. 1006, FIG. 1.
`
`Both the Patent Owner and Board acknowledge that Wollesen’s dielectric
`
`layer 9 (in Figure 1) is “partially” within the same layer as the conducting layer 8.
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`Decision at 12; POPR at 24. That means part of dielectric layer 9 is not buried
`
`within the conducting layer 8. At least this portion of dielectric 9 that is not buried
`
`
`1 In contrast, dielectric layer 12 in Wollesen’s Figure 1 fills areas between wires in
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`the uppermost wire layer 10. Petition at 29 (“The dielectric layer 12 (claimed “first
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`dielectric film”) is used to fill at least a part of the areas among the aluminum lines
`
`in the conductive layer 10 (claimed “metal wires in said metal wire layer . . .)”).
`
`12
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`Inter Partes Review
`United States Patent No. RE41,980
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`provides electrical insulation between layers in a vertical direction under the plain
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`meaning of “interlayer insulating film” that the intrinsic and extrinsic evidence
`
`mandate. Layer 9’s function in providing insulation between adjacent metal wires
`
`(“intralayer”) does not disqualify it from also acting as an “interlayer insulating
`
`film” vertically, where it is disposed between metal wire layers 8 and 10.2
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`
`
`Figure copied from Petition at 26, “interlayer” and “intralayer” annotations added.
`
`The Board recognized that an “interlayer dielectric layer” could have dual
`
`“inter” and “intra” functions where only a portion of the film exists between
`
`
`2 Although there is no basis for the negative limitation in the Board’s construction
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`of “interlayer insulating film,” the portion of Wollesen’s dielectric layer 9 that is not
`
`buried satisfies that definition despite the negative limitation.
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`13
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`Inter Partes Review
`United States Patent No. RE41,980
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`adjacent metal wires when it acknowledged that Wollesen discloses an “interlayer
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`dielectric layer 6.” Decision at 12, n. 5 (citing Ex. 1006, 1:57). Wollesen’s
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`interlayer dielectric layer 6 is just another example of an “interlayer insulating film”
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`that provides both intralayer insulation between metal wires 49 and interlayer
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`insulation between different metal wire layers 8 and 49. Id.; Ex. 1006, FIG. 1
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`(interlayer dielectric layer 6). The Board’s construction of “interlayer insulating
`
`film” as “an insulating film located between but not within other layers” (Decision
`
`at 9) improperly excludes the interlayer insulating films 6 and 9 in Wollesen.
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`III. CONCLUSION
`The Board misapprehended or overlooked the intrinsic and extrinsic evidence,
`
`so rehearing is appropriate under the abuse-of-discretion standard of 37 C.F.R.
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`§ 42.71(c). See Arnold P’ship v. Dudas, 362 F.3d 1338, 1340 (Fed. Cir. 2004)
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`(an abuse of discretion occurs if a decision is based on an erroneous interpretation
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`of law or a factual finding not supported by substantial evidence).
`
`Petitioner respectfully requests the Board grant a rehearing and institute inter
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`partes review on all asserted grounds.
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`
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`Dated: February 6, 2017
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`Respectfully submitted,
`
` By: /E. Robert Yoches/
`E. Robert Yoches, Lead Counsel
`Reg. No. 30,120
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`14
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`Inter Partes Review
`United States Patent No. RE41,980
`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing REQUEST FOR
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`REHEARING UNDER 37 C.F.R. § 42.71(D)(2) is being served on February 6,
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`2017, by electronic mail at the following address of record for the Patent Owner as
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`follows:
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`Michael J. Fink (Reg. No. 31,827)
`E-mail: mfink@gbpatent.com
`Neil F. Greenblum (Reg. No. 28,394)
`E-mail: ngreenblum@gbpatent.com
`Arnold Turk (Reg. No. 33,094)
`Email: aturk@gbpatent.com
`Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, Virginia 20191
`Tel: 703-716-1191
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`Patent Owner has agreed to electronic service.
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`Dated: February 6, 2017
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`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
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