UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD. ENERGETIQ TECHNOLOGY, INC., Patent Owner. Case IPR

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1 DOCKET NO.: US4 Filed By: Donald R. Steinberg, Reg. No. 37,241 David L. Cavanaugh, Reg. No. 36,476 Michael H. Smith, Reg. No. 71, State Street Boston, Massachusetts Tel: (617) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ PHOTONICS GMBH & CO. KG, Petitioners v. ENERGETIQ TECHNOLOGY, INC., Patent Owner. Case IPR PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,435,982 CLAIMS 37, 42-43, 49, 55, 61-64, 67, 68, 71, 72, 74, AND 78

2 TABLE OF CONTENTS Page I. MANDATORY NOTICES... 1 A. Real Parties-in-Interest... 1 B. Related Matters... 1 C. Counsel... 1 D. Service Information... 1 II. CERTIFICATION OF GROUNDS FOR STANDING... 2 III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED... 2 A. Grounds for Challenge... 2 B. Prior Art Patents and Printed Publications Relied Upon... 2 C. Relief Requested... 3 IV. PERSON OF ORDINARY SKILL IN THE ART... 3 V. OVERVIEW OF THE 982 PATENT... 3 A. Summary of the Prosecution History... 5 VI. CLAIM CONSTRUCTION... 6 A. Light source... 7 B. High brightness light... 9 C. A first ignition means for ionizing an ionizable medium within the chamber Function Structure D. Means for providing substantially continuous laser energy to the ionized medium within the chamber Function Structure VII. THE CHALLENGED CLAIMS ARE INVALID A. Laser Sustained Plasma Light Sources Were Known Long Before the Priority Date of the 982 Patent VIII. GROUNDS FOR FINDING THE CHALLENGED CLAIMS INVALID i

3 A. Ground 1: Claims 37, 42-43, 49, 55, 61-62, 67-68, 71, 74 and 78 are anticipated by Gärtner Overview of Gärtner Independent Claim Independent Claim Independent Claim Independent Claim Dependent Claims 42 and 68 Optical Element for Modifying a Property of the Laser Energy Dependent Claim 43 Optical Element Is a Lens or Mirror Dependent Claim 49 Sealed Chamber Dependent Claim 55 Ionizable Media Dependent Claim 61 Ignition source is a pulsed laser, electrodes, or other types of ignition sources Dependent Claim 62 Ignition Source is External or Internal to the Chamber Dependent Claim 71 Ionizable Medium Comprises a Solid, Liquid, or Gas B. Ground 2: Claims 61, 63, 64, and 72 are Obvious over Gärtner Dependent Claims 63 and 72 Optical Element For Modifying A Property of the Emitted Light Dependent Claim 64 Optical Element is Mirror or Lens IX. RESPONSE TO ARGUMENTS RAISED BY PATENT OWNER IN ITS PRELIMINARY INJUNCTION MOTION A. Patent Owner s Arguments Regarding the Content of the Prior Art B. Patent Owner s Arguments Regarding Objective Indicia of Non-Obviousness X. CONCLUSION ii

4 I. MANDATORY NOTICES A. Real Parties-in-Interest ASML Netherlands B.V., Excelitas Technologies Corp., and Qioptiq Photonics GmbH & Co. KG ( Petitioners ) are the real parties-in-interest. B. Related Matters U.S. Patent No. 7,435,982 ( the 982 patent, Ex. 1101) is one member of a patent family of continuation and continuation in part applications. Exhibit 1102 shows the members of this patent family and the relationships among them. Petitioners are also seeking inter partes review of related U.S. Patent Nos. 7,786,455 ( the 455 patent ); 8,309,943 ( the 943 patent ); 8,525,138 ( the 138 patent ); and 8,969,841 ( the 841 patent ). Petitioners request that the inter partes reviews of the ʼ982, 455, 943, 138, and 841 patents be assigned to the same Panel for administrative efficiency. The following litigation matter would affect or be affected by a decision in this proceeding: Energetiq Tech., Inc. v. ASML Netherlands B.V., et al, Civil Action No. 1:15-cv LTS (D. Mass.). C. Counsel Lead Counsel: Don R. Steinberg (Registration No. 37,241) First Backup Counsel: David L. Cavanaugh (Registration No. 36,476) Second Backup Counsel: Michael H. Smith (Registration No. 71,190) D. Service Information 1

5 Don R. Steinberg, Post and Hand Delivery: WilmerHale, 60 State St., Boston, MA Telephone: Facsimile: II. CERTIFICATION OF GROUNDS FOR STANDING Petitioners certify pursuant to Rule (a) that the patent for which review is sought is available for inter partes review and that Petitioners are not barred or estopped from requesting an inter partes review challenging the patent claims on the grounds identified in this Petition. III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED Pursuant to Rules 42.22(a)(1) and (b)(1)-(2), Petitioners challenge claims 37, 42-43, 49, 55, 61-64, 67, 68, 71, 72, 74, and 78 of the 982 patent ( the challenged claims ) and request that each challenged claim be cancelled. A. Grounds for Challenge This Petition, supported by the declaration of Dr. J. Gary Eden, a Professor of Electrical Engineering at the University of Illinois ( Eden Decl., Ex. 1103), demonstrates that there is a reasonable likelihood that Petitioners will prevail with respect to at least one of the challenged claims and that each of the challenged claims is unpatentable for the reasons cited in this petition. See 35 U.S.C. 314(a). B. Prior Art Patents and Printed Publications Relied Upon Petitioners rely upon the following patents and printed publications: 2

6 1. French Patent Publication No. FR A1, published May 3, 1985 with English Translation ( Gärtner, Ex. 1104), and is prior art to the ʼ982 patent under 35 U.S.C. 102(b). C. Relief Requested Petitioners request that the Patent Trial and Appeal Board cancel the challenged claims because they are unpatentable under 35 U.S.C. 102 and 103. IV. PERSON OF ORDINARY SKILL IN THE ART A person of skill in the art at the time of the alleged invention of the 982 patent would have had a Ph.D. in physics, electrical engineering, or an equivalent field and 2-4 years of work experience with lasers and plasma, or a master s degree in physics, electrical engineering, or an equivalent field and 4-5 years of work experience with lasers and plasma. (Eden Decl. 23 (Ex. 1103).) V. OVERVIEW OF THE 982 PATENT The 982 patent is directed to a laser sustained plasma light source for use in, for example, testing and inspection for semiconductor manufacturing. As depicted in Figure 1, reproduced below, the light source includes: (1) a chamber 128 (green), (2) an ignition source 140 (blue) for generating a plasma 132, and (3) a laser 104 (red) for providing energy to the plasma 132 to produce a high brightness light 136 ( 982 patent, 4:29-38 (Ex. 1101).) (Eden Decl. 24 (Ex. 1103).) The 982 patent identifies several types of ignition sources, such as electrodes 3

7 (shown below) and pulsed lasers (not shown). ( 982 patent, 7:7-24 (Ex. 1101).) (Eden Decl. 24 (Ex. 1103).) 982 Patent, Fig. 1 (Ex. 1101) According to the 982 patent, prior art light sources relied upon electrodes to both generate and sustain the plasma, which resulted in wear and contamination. ( 982 patent, 1:20-40 (Ex. 1101).) Thus, a need allegedly arose for a way to sustain plasma without relying on an electrical discharge from electrodes. (Id. 1:20-40.) The alleged invention involves using a laser to provide energy to sustain the plasma to produce a high brightness light. (See, e.g., id. 1:46-50.) (Eden Decl. 25 (Ex. 1103).) As discussed below, there was nothing new about sustaining a plasma with a laser to produce high brightness light. Multiple prior art references, including Gärtner, disclosed laser-sustained plasma light sources with the same elements as the 982 patent: a chamber, an ignition source, and a laser. (Eden Decl. 26 (Ex. 4

8 1103).) A. Summary of the Prosecution History The 982 patent issued from U.S. Patent Appl. No. 11/395,523, filed on March 31, On August 25, 2008, all the claims were allowed without rejection. The 982 patent issued on October 14, ( 982 Patent (Ex. 1101).) (Eden Decl. 27 (Ex. 1103).) In the Notice of Allowability, the Examiner explained that prior art to Hoshino disclosed a light source which has a laser that generates a plasma[,] and prior art to Sato disclosed a light source where a laser beam excites gas (for emitting UV and EUV light) that is sealed in a bulb tube... (Notice of Allowability dated Aug. 28, 2008 at 3 (Ex. 1107).) Thus, the Examiner recognized that using a laser to generate a plasma light source was not inventive. (Eden Decl. 28 (Ex. 1103).) The Examiner nonetheless allowed the claims because the Examiner was not aware of prior art that disclosed the combination of an ignition source that generates the plasma and a laser beam that sustains the plasma. (Notice of Allowability dated Aug. 28, 2008 at 3 (Ex. 1107).) The Examiner did not consider Gärtner, which was not of record during the prosecution of the 982 patent. Gärtner discloses an ignition source that generates the plasma and a laser beam that sustains the plasma to produce a high brightness 5

9 light. In fact, as discussed further below, high brightness light sources with ignition sources that generate the plasma and laser beams that sustain the plasma were well-known long before the priority date of the 982 patent. VI. CLAIM CONSTRUCTION A claim in inter partes review is given the broadest reasonable construction in light of the specification of the patent in which [they] appear[]. 37 C.F.R (b); Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,764, 48,766 (Aug. 14, 2012). Claim terms are given their ordinary and customary meaning as would be understood by a person of ordinary skill in the art at the time of the invention and in the context of the entire patent disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). If the specification sets forth an alternate definition of a term with reasonable clarity, deliberateness, and precision, the patentee s lexicography governs. In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994). Should the Patent Owner, seeking to avoid the prior art, contend that the claims have a construction different from their broadest reasonable construction, the appropriate course is for the Patent Owner to seek to amend the claims to expressly correspond to its contentions in this proceeding. See 77 Fed. Reg. 48,764, 48,766-48,767 (Aug. 14, 2012). Consistent with this standard, this section proposes, under the broadest 6

10 reasonable construction standard, constructions of terms that lack a definition in the specification and provides support for these proposed constructions. Terms not included in this section have their broadest reasonable meaning in light of the specification as commonly understood by those of ordinary skill. For meansplus-function terms under 35 U.S.C. 112, 6, the section below explicitly identifies the function and corresponding structure of each term. A. Light source The term light source appears in claims 37, 42-43, 49, 55, 61-64, 74, and 78. Light source should be construed to mean a source of electromagnetic radiation in the extreme ultraviolet (10 nm to 100 nm), vacuum ultraviolet (100 nm to 200 nm), ultraviolet (200 nm to 400 nm), visible (400 to 700 nm), near-infrared (700 nm to 1,000 nm (1 µm)), middle infrared (1µm to 10 µm), or far infrared (10 µm to 1000 µm) regions of the spectrum. (Eden Decl. 31 (Ex. 1103).) The ordinary and customary meaning of light source 1 is a source of electromagnetic radiation in the extreme ultraviolet (10 nm to 100 nm), vacuum 1 The term light is sometimes used more narrowly to refer only to visible light. However, references to ultraviolet light in the 982 patent make clear that the broader meaning is intended because ultraviolet light has a wavelength shorter than that of visible light. (See, e.g., 982 patent, 6:47-49; 7:65-67; 8:6-9; 8:37-39 (Ex. 1101).) (See Eden Decl. 32 n.1 (Ex. 1103).) 7

11 ultraviolet (100 nm to 200 nm), ultraviolet (200 nm to 400 nm), visible (400 to 700 nm), near-infrared (700 nm to 1,000 nm (1 µm)), middle infrared (1 µm to 10 µm), or far infrared (10 µm to 1000 µm) regions of the spectrum. (See, e.g., William T. Silfvast, Laser Fundamentals at 4 ( Silfvast ) (Ex. 1109).) The Patent Owner publishes a data sheet which is consistent with the ordinary and customary meaning in referring to EUV wavelengths as within the meaning of light source. (See, e.g., Energetiq EQ-10M Data Sheet at 2 (describing Energetiq s EQ-10 product operating at 13.5 nm as an EUV [Extreme Ultraviolet] Light Source ) (Ex. 1108); (Eden Decl. 32 (Ex. 1103).) The 982 patent does not provide a definition of the term light source and uses the term consistent with the ordinary and customary meaning of the term. The 982 patent states that parameters such as the wavelength of the light from a light source will vary depending upon the application. ( 982 patent, 1:18-19 (Ex. 1101).) The specification describes ultraviolet light as an example of the type of light that can be generated: emitted light 136 (e.g., at least one or more wavelengths of ultraviolet light). ( 982 patent, 7:65-67 (Ex. 1101); see also id. at 6:47-49 (discussing the ultraviolet light 136 generated by the plasma 132 of the light source 100 ), 8:6-9, 8:37-39.) (Eden Decl. 33 (Ex. 1103).) Therefore, the term a source of electromagnetic radiation in the extreme ultraviolet (10 nm to 100 nm), vacuum ultraviolet (100 nm to 200 nm), ultraviolet 8

12 (200 nm to 400 nm), visible (400 to 700 nm), near-infrared (700 nm to 1,000 nm (1µm)), middle infrared (1 µm to 10 µm), or far infrared (10 µm to 1000 µm) regions of the spectrum. (Eden Decl. 34 (Ex. 1103).) B. High brightness light All the challenged claims except for claim 74 recite the term high brightness light. For purposes of this proceeding, the term high brightness light 2 should be construed to include light sufficiently bright to be useful for: inspection, testing or measuring properties associated with semiconductor wafers or materials used in the fabrication of wafers, or as a source of illumination in a lithography system used in the fabrication of wafers, a microscopy system, a photoresist curing system, or an endoscopic tool. (Eden Decl. 35 (Ex. 1103).) 2 For purposes of this proceeding, it is sufficient to interpret high brightness light as Petitioners explain above and each prior art reference used in the grounds of unpatentability is directed to providing light with sufficient brightness for purposes identified in the challenged patent. Petitioners note that in an infringement proceeding in which the required brightness of the light were at issue, claims reciting high brightness light would be invalid under 35 U.S.C. 112, second paragraph for indefiniteness because the patent does not specify how bright the light must be. 9

13 The 982 patent defines brightness 3 as the power radiated by a source of light per unit surface area onto a unit solid angle. ( 982 patent, 4:46-47 (Ex. 1101).) The brightness of the light produced by a light source determines the ability of a system or operator to see or measure things with adequate resolution. (Id. at 4:47-51 (Ex. 1101).) Accordingly, the brightness of a light is associated with the ability to see or measure properties of a surface. (Eden Decl. 36 (Ex. 1103).) The 982 patent recognizes that various uses for high brightness light existed before the 982 patent was filed. The patent recognizes in the Background of the Invention that, [f]or example, a high brightness light source can be used for inspection, testing or measuring properties associated with semiconductor wafers or materials used in the fabrication of wafers (e.g., reticles and photomasks). ( 982 patent, 1:11-14 (Ex. 1101).) It also identifies light sources that can be used as a source of illumination in a lithography system used in the fabrication of wafers, a microscopy system[], or a photoresist curing system[,] as further 3 Although the 982 patent uses the term brightness, spectral brightness is the more common term in optics and lasers. Spectral brightness refers to the optical power radiated per unit of wavelength (nm) into a steradian. (Eden Decl. 36 n.2 (Ex. 1103).) 10

14 examples of high brightness light sources. ( 982 patent, 1:11-17 (Ex. 1101).) Additionally, it describes and claims a wafer inspection tool, a microscope, a metrology tool, a lithography tool, [and] an endoscopic tool as tools for which the high brightness light is produced. ( 982 patent, 2:33-38, 10:11-14 (Ex. 1101).) More generally, the patent acknowledges that the brightness and other parameters of the light vary depending upon the application. ( 982 patent, 1:18-19 (Ex. 1101).) (Eden Decl. 37 (Ex. 1103).) The Patent Owner has argued that the term high brightness light should be understood as bright enough to be used for inspection, testing, or measuring properties associated with semiconductor wafers or materials used in the fabrication of wafers, or in lithography systems used in the fabrication of wafers, microscopy systems, or photoresist curing systems i.e., at least as bright as xenon or mercury arc lamps, which is similar to the construction proposed below but omits some of the applications for high brightness light specifically described in the 982 Patent. (See Second Declaration of Donald K. Smith, Ph.D. in Support of Energetiq s Reply Brief in Support of its Motion for Preliminary Injunction, dated Mar. 17, 2015 ( Second Smith Decl. ) at pp. 6 (Ex. 1111).) (Eden Decl. 38 (Ex. 1103).) Therefore, for the purposes of this proceeding, the term high brightness light should be interpreted to include light sufficiently bright to be used for: 11

15 inspection, testing or measuring properties associated with semiconductor wafers or materials used in the fabrication of wafers, or as a source of illumination in a lithography system used in the fabrication of wafers, a microscopy system, a photoresist curing system, or an endoscopic tool. (Eden Decl. 39 (Ex. 1103).) C. A first ignition means for ionizing an ionizable medium within the chamber The term ignition means should be interpreted according to 35 U.S.C. 112, 6 because it recites a means for performing a function. The addition of the term ignition to means does not overcome the presumption that claims reciting a means for performing a function should be interpreted under 112, 6. The term ignition means does not connote a particular structure, nor does the 982 patent describe any structure features of an ignition means. Rather, the term is merely a nonce word that merely substitutes for the term means associated with functional language. 1. Function The function is ionizing an ionizable medium within the chamber. (Eden Decl. 40 (Ex. 1103).) 2. Structure The corresponding structure for performing the function includes a pair of electrodes, ultraviolet ignition sources, capacitive discharge ignition sources, inductive ignition sources, RF ignition sources, flash lamps, continuous wave or 12

16 pulsed lasers, and pulsed lamps. The 982 patent describes an embodiment where an ignition source 140 is a pair of electrodes located in the chamber. ( 982 Patent, 7:3-14 (Ex. 1101).) It further states, Alternative types of ignition sources include ultraviolet ignition sources, capacitive discharge ignition sources, inductive ignition sources, RF ignition sources, microwave ignition sources, flash lamps, pulsed lasers, and pulsed lamps. (Id. 7:15-24.) Additionally, the patent explains that [t]he ignition source can be a continuous wave (CW) or pulsed laser... 4 (Id. 2:24-29.) (Eden Decl. 41 (Ex. 1103).) D. Means for providing substantially continuous laser energy to the ionized medium within the chamber 1. Function The function is providing substantially continuous laser energy to the 4 The 982 patent additionally states, In one embodiment, no ignition source 140 is required and instead the laser source 104 is used to ignite the ionizable medium and to generate the plasma 132 and to sustain the plasma and the high brightness light 136 emitted by the plasma 132. ( 982 patent, 7:24-28 (Ex. 1101).) Thus, the 982 patent distinguishes between embodiments that have an ignition source (e.g., electrodes or a laser) to generate the plasma and a separate laser to sustain the plasma, and embodiments that use the same laser to both generate and sustain the plasma. (Eden Decl. 41 n.3 (Ex. 1103).) 13

17 ionized medium within the chamber. (Eden Decl. 42 (Ex. 1103).) 2. Structure The corresponding structure for performing the function includes a laser source. The 982 patent states: The laser source can be, for example, an infrared (IR) laser source, a diode laser source, a fiber laser source, an ytterbium laser source, a CO 2 laser source, a YAG laser source, or a gas discharge laser source. In some embodiments, the laser source 104 is a pulse laser source (e.g., a high pulse rate laser source) or a continuous wave laser source. In some embodiments, multiple lasers (e.g., diode lasers) are coupled to one or more fiber optic elements (e.g., the fiber optic element 108). In some embodiments, fiber laser sources and direct semiconductor laser sources are desirable for use as the laser source ( 982 Patent at 5:41-52 (Ex. 1101).) (Eden Decl. 43 (Ex. 1103).) VII. THE CHALLENGED CLAIMS ARE INVALID A. Laser Sustained Plasma Light Sources Were Known Long Before the Priority Date of the 982 Patent When the application that led to the 982 patent was filed, there was nothing new about a light source using an ignition source to generate a plasma in a chamber and a laser to sustain the plasma to produce high brightness light from the plasma. This concept had been known and widely used since at least as early as the 1980s, more than two decades before the application date. For example, in 1983, Gärtner et al. filed a patent application entitled Radiation source for optical 14

18 devices, notably for photolithographic reproduction systems, which published on May 3, 1985 as French Patent Application No ( Gärtner (Ex. 1104).) Gärtner discloses a light source with the same features claimed in the 982 patent: (1) a sealed chamber 1 (green); (2) an ignition source pulsed laser 10 (blue), which generates a plasma 14; and (3) a laser to produce light laser 9 (red), which provides energy to the plasma 14 and produces light 15. (Eden Decl. 44 (Ex. 1103).) 982 patent, Fig. 1 (Ex. 1101) Gärtner, Fig. 1 (Ex. 1104) Similarly, Cremers et al. published a paper in 1984 entitled, Evaluation of the continuous optical discharge for spectrochemical analysis. (Ex ) Cremers describes a laser sustained plasma light source producing a continuous optical discharge (COD) that generated a very bright white light. (Cremers at 15

19 666 (Ex. 1105).) As shown in Figure 2, reproduced below, Cremers s light source included the same features as the 982 patent: (1) a sealed chamber (green); (2) an ignition source a pair of electrodes or pulsed laser PB (both shown in blue), which ionizes a gas to generate a plasma in the chamber; and (3) a laser, the cw- CO 2 laser (red), to supply energy to the plasma to produce the continuous optical discharge. (Id. Fig. 2.) (Eden Decl. 45 (Ex. 1103).) 982 patent, Fig. 1 (Ex. 1101) Cremers, Fig. 2 (Ex. 1105) By the late 1980 s, this concept was already being taught in textbooks. (See D. Keefer, Laser Sustained Plasmas, Chapter 4, in Radziemski et al., Laser- Induced Plasmas and Applications, CRC Press (1989) (Ex. 1106).) (Eden Decl. 46 (Ex. 1103).) Thus, the purportedly novel features of the 982 patent are nothing more than the standard features of laser sustained plasma light sources across several generations of technology from the 1980 s to the early 2000 s. (Eden Decl. 47 (Ex. 1103).) 16

20 VIII. GROUNDS FOR FINDING THE CHALLENGED CLAIMS INVALID Pursuant to Rule (b)(4)-(5), specific grounds for finding the challenged claims invalid are identified below and discussed in the Eden Declaration (Ex. 1103). These grounds demonstrate in detail that claims 37, 42-43, 49, 55, 61-64, 67, 68, 71, 72, 74, and 78 are invalid under 35 U.S.C. 102 and 103. A. Ground 1: Claims 37, 42-43, 49, 55, 61-62, 67-68, 71, 74 and 78 are anticipated by Gärtner Claims 37, 42-43, 49, 55, 61-62, 67-68, 71, 74 and 78 are anticipated by Gärtner. (Eden Decl. 48 (Ex. 1103).) Gärtner is prior art under 35 U.S.C. 102(b) because it published more than a year before the earliest claimed priority date for the 982 patent, which is March 31, Gärtner was not considered by the Examiner during prosecution of the 982 patent. 1. Overview of Gärtner Gärtner describes a light source for optical devices: The present invention relates to a radiation source for optical devices, in particular for photolithographic reproduction systems. (Gärtner at 1:1-2 (Ex 1104).) (Eden Decl. 50 (Ex. 1103).) Gärtner is directed to the same problem as the 982 patent, namely, producing light that is brighter than that produced by conventional arc lamps for 17

21 applications like photolithography. (Compare Gärtner at 1:2-4 ( It is preferably applied in cases where a radiated power is required which is greater than that from pressurised mercury vapour lamps, such as in photolithographic appliances for illuminating a photoresist layer on a semiconductor wafer. ) (Ex 1104) with 982 patent, 1:20-40 ( The state of the art in, for example, wafer inspection systems involves the use of xenon or mercury arc lamps to produce light.... [T]hese arc lamps do not provide sufficient brightness for some applications, especially in the ultraviolet spectrum.... Accordingly, a need therefore exists for improved high brightness light sources. ) (Ex. 1101).) In fact, it has been known since at least the 1970 s that laser produced plasmas are brighter than conventional arc lamps. (See, e.g., U.S. Patent No. 3,900,803 at 1:39-43 ( [T]he total light output, from a laserproduced plasma is two to three times greater in the ultraviolet region (200 nanometers to 300 nanometers) than is the spectral radiance from a xenon flashlamp of comparable size and input energy. ) (Ex. 1110).) (Eden Decl. 51 (Ex. 1103).) Gärtner proposes the same solution as the 982 patent, albeit over 20 years earlier: (1) a sealed chamber, (2) an ignition source, and (3) a laser that provides energy that sustains a plasma providing high-brightness light. (Compare Gärtner at 4:32-5:9, Fig. 1 (Ex. 1104) with 982 patent, 1:46-50, Fig. 1 (Ex. 1101).) For example, as shown below, Figure 1 of Gärtner a depicts a gas-tight chamber 1 18

22 (green); laser 10 (blue) as an ignition source for generating the plasma 14; and a laser 9 (red) for sustaining the plasma and producing a high brightness light. (Gärtner at 4:32-5:9 (Ex 1104).) (Eden Decl. 52 (Ex. 1103).) 982 patent, Fig. 1 (Ex. 1101) Gärtner, Fig. 1 (Ex. 1104) Gärtner operates in the same manner described in the 982 patent. In particular, Gärtner explains that gas-tight chamber 1 is filled with a discharge medium 2. (Compare Gärtner at 4:31-34 ( gas-tight chamber 1 contains the discharge medium 2 ) (Ex. 1104) with 982 patent, 4:29-32 ( light source 100 includes a chamber 128 that contains an[] ionizable medium (not shown). ) (Ex. 1101).) The discharge medium 2 is an ionizable gas such as xenon. (Compare Gärtner at 5:15-16 (describing using argon or xenon atmosphere as active medium ) (Ex. 1104) with 982 patent, 6:30-52 ( [T]he ionizable medium can be. 19

23 .. Xe, Ar.... ) (Ex. 1101).) (Eden Decl. 53 (Ex. 1103).) Gärtner s laser 10 is an ignition source that ionizes the discharge medium 2. (Compare Gärtner at 5:5-8 ( The radiation 13 from the laser 10, which is a nitrogen pulse laser, is focussed on the same point by the lens 7 which allows ultraviolet to pass and produces an electrical discharge there and as a result an absorbent plasma ) (Ex. 1104) with 982 patent, 5:29-33 ( The ignition source 140 generates an electrical discharge in the chamber 128 (e.g., the region 130 of the chamber 128) to ignite the ionizable medium. ), 7:19-25 ( Alternative types of ignition sources 140 that can be used in the light source 100 include... pulsed lasers.... ) (Ex. 1101).) (Eden Decl. 54 (Ex. 1103).) Gärtner s laser 9 is a laser that provides energy to the ionized gas within the chamber to sustain a high brightness light. (Compare Gärtner at 5:5-9 ( absorbent plasma 14 which is heated to high temperatures under the influence of the radiation 11 [from laser 9]. The radiation 15 from the plasma can be fed into the downstream optical system through the window 8. ) (Ex. 1104) with 982 patent, 4:36-39 ( The light source 100 also includes at least one laser source 104 that generates a laser beam that is provided to the plasma 132 located in the chamber 128 to initiate and/or sustain the high brightness light 136. ) (Ex. 1101).) (Eden Decl. 55 (Ex. 1103).) 2. Independent Claim 37 20

24 As illustrated in the chart below, Gärtner anticipates every limitation of independent claim 37 of the 982 patent. (Eden Decl. 56 (Ex. 1103).) a) Claim 37 Preamble (element [37p]) The preamble of claim 37 recites A light source. ( 982 patent, claim 37 (Ex. 1101).) Gärtner discloses [a] light source as recited in the claim. (Eden Decl. 57 (Ex. 1103).) For example, Gärtner discloses a radiation source for optical devices, which is a light source. (Gärtner at 1:1-4, Figs. 1-4 (Ex. 1104).) Gärtner s light source can be used for applications like illuminating a photoresist. (Id.; see also 982 patent at 1:20-24 (admitting light sources were known in the art) (Ex.1101).) (Eden Decl. 58 (Ex. 1103).) b) Claim 37 Chamber (element [37a]) Claim 37 recites a chamber. ( 982 patent, claim 37 (Ex. 1101).) Gärtner discloses a chamber as recited in the claim. (Eden Decl. 59 (Ex. 1103).) For example, Gärtner discloses a gas-tight chamber. (Gärtner at 3:20, 4:32, Figs. 1-4 (disclosing gas-tight chamber 1 ); see also 5:27-28, Fig. 2 ( A casing 16, the concave mirror 17 and the quartz window 18 constitute the gas-tight chamber containing the discharge medium 19. ); 6:9, Figs. 3-4 (disclosing discharge chambers 35 and 36 ) (Ex. 1104); 982 patent at 1:20-24 (admitting light source chambers were known in the art) (Ex. 1101).) Gärtner s gas-tight 21

25 chamber contains a discharge medium such as argon or xenon (ionizable medium). (Gärtner at 4-5 (Ex. 1104).) (Eden Decl. 60 (Ex. 1103).) c) Claim 37 Ignition Source (element [37b]) Claim 37 recites an ignition source for ionizing an ionization medium within the chamber. ( 982 patent, claim 37 (Ex. 1101).) Gärtner discloses an ignition source for ionizing an ionization medium within the chamber as recited in the claim. (Eden Decl. 61 (Ex. 1103).) Gärtner s laser 10 is an ignition source. (Gärtner at 5:5-8 (Ex. 1104).) In particular, laser 10 is a nitrogen pulse laser that produces an electrical discharge in the medium to create an absorbent plasma 14. (Gärtner at 5:5-8 (Ex. 1104).) Gärtner also discloses electrodes as an ignition source. (Gärtner at 1:22 (describing the electrodes of the discharge cavity ) (Ex. 1104).) Thus, Gärtner discloses both electrodes and pulsed laser ignition sources for ionizing an ionization medium within the chamber. (Eden Decl. 62 (Ex. 1103).) d) Claim 37 Laser providing substantially continuous energy to the ionized medium to produce a high brightness light (element [37c]) Claim 37 recites at least one laser for providing substantially continuous energy to the ionized medium within the chamber to produce a high brightness light. ( 982 patent, claim 37 (Ex. 1101).) Gärtner discloses at least one laser for providing substantially continuous energy to the ionized medium within the 22

26 chamber to produce a high brightness light as recited in the claim. (Eden Decl. 63 (Ex. 1103).) For example, Gärtner teaches the production and maintenance of a radiation-emitting plasma in the discharge medium are ensured, in a known manner, by at least one laser situated outside the chamber. (Gärtner at 3:22-24 (Ex. 1104).) Gärtner shows laser 9, which is a stationary CO 2 gas laser, in Figure 1 as an example of such a laser. (Gärtner at 5:3-9 ( absorbent plasma 14 which is heated to high temperatures under the influence of the radiation 11 [from laser 9]. The radiation 15 from the plasma can be fed into the downstream optical system through the window 8. ) (Ex. 1104).) (Eden Decl. 64 (Ex. 1103).) Claim 37 of the 982 patent also requires the light produced to be a high brightness light. Gärtner teaches a high brightness light because Gärtner is directed to a highly powerful radiation source for photolithographic appliances for illuminating a photoresist layer on a semiconductor wafer. (Gärtner at 1:1-2, 3:1 (Ex. 1104).) In particular, Gärtner provides light sources for applications where a radiated power is required which is greater than that from pressurized mercury vapour lamps. (Gärtner at 1:2-4, 3:1 (Ex. 1104).) The 982 patent states that such light used for illumination in a lithography system used in the fabrication of wafers, a microscopy systems, or a photoresist curing system[,] is 23

27 high brightness light. ( 982 patent at 1:15-19 (Ex. 1101).) (Eden Decl. 65 (Ex. 1103).) As illustrated in the chart below, Gärtner anticipates every limitation of claim 37 of the 982 patent. (Eden Decl. 66 (Ex. 1103).) 982 Patent Claim 37 Prior Art [37p] 37. A light source, comprising: Gärtner at 1:1-4, Figs. 1-4 [37a] a chamber; Gärtner at 3:20, [37b] an ignition source for ionizing an ionizable medium within the chamber; and [37c] at least one laser for providing substantially continuous energy to the ionized medium within the chamber to produce a high brightness light. 4:32, 5:27-28, 6:9, Figs. 1-4 Gärtner at 4:32, 5:5-8, 5:15-16 Gärtner at 1:1-4, 3:1, 3:22-24, 5:3-9, Figs Independent Claim 67 As illustrated in the chart below, Gärtner anticipates every limitation of independent claim 67 of the 982 patent. (Eden Decl. 67 (Ex. 1103).) a) Claim 67 Preamble (element [67p]) The preamble of claim 67 recites [a] method for producing light. ( 982 patent, claim 67 (Ex. 1101).) Gärtner discloses [a] method for producing light as recited in the claim. (Eden Decl. 68 (Ex. 1103).) 24

28 For example, Gärtner discloses a radiation source for optical devices, which is a light source and a light bulb. (Gärtner at 1:1-4, Figs. 1-4 (Ex. 1104).) Gärtner s light source can be used for applications like illuminating a photoresist. (Id.; see also 982 patent at 1:20-24 (admitting light sources were known in the art) (Ex.1101).) (Eden Decl. 69 (Ex. 1103).) b) Claim 67 Ionizing with an ignition source an ionizable medium within a chamber (element [67a]) Claim 67 recites ionizing with an ignition source an ionizable medium within a chamber. ( 982 patent, claim 67 (Ex. 1101).) Gärtner discloses ionizing with an ignition source an ionizable medium within a chamber as recited in the claim. (Eden Decl. 70 (Ex. 1103).) For example, Gärtner discloses a gas-tight chamber. (Gärtner at 3:20, 4:32, Fig. 1 (disclosing gas-tight chamber 1 ); see also 5:26-28, Fig. 2 ( A casing 16, the concave mirror 17 and the quartz window 18 constitute the gas-tight chamber containing the discharge medium 19. ); 6:9, Figs. 3-4 (disclosing discharge chambers 35 and 36 ) (Ex. 1104); 982 patent at 1:20-24 (admitting light source chambers were known in the art) (Ex. 1101).) Gärtner s gas-tight chamber contains a discharge medium such as argon or xenon (ionizable medium). (Gärtner at 4-5 (Ex. 1104).) (Eden Decl. 71 (Ex. 1103).) Gärtner s laser 10 is an ignition source. (Gärtner at 5:5-9 ( The radiation 13 from the laser 10, which is a nitrogen pulse laser, is focussed [sic] on the same 25

29 point by the lens 7 which allows ultraviolet to pass and produces an electrical discharge there, and as a result an absorbent plasma 14. ) (Ex. 1104); cf. 982 patent, 2:24-29 ( The ignition source can be a continuous wave (CW) or pulsed laser.... ), 7:15-24 ( Alternative types of ignition sources include... pulsed lasers.... ) (Ex. 1101).) In particular, laser 10 is a nitrogen pulse laser that produces an electrical discharge in the medium to create absorbent plasma 14. (Gärtner at 5:5-8 (Ex. 1104).) Gärtner also discloses electrodes as an ignition source. (Gärtner at 1:22 (describing the electrodes of the discharge cavity ) (Ex. 1104); cf. 982 Patent, 7:3-14 ( In this embodiment, the ignition source 140 is a pair of electrodes located in the chamber 128 ) (Ex. 1101).) Thus, Gärtner discloses both electrodes and pulsed laser ignition sources for ionizing a gas within the chamber. (Eden Decl. 72 (Ex. 1103).) c) Providing substantially continuous laser energy to the ionized medium in the chamber to produce a high brightness light (element [67b]) Claim 67 recites providing substantially continuous laser energy to the ionized medium in the chamber to produce a high brightness light. ( 982 patent, claim 67 (Ex ) Gärtner discloses providing laser energy to the ionized gas in the chamber to produce a high brightness light as recited in the claim. (Eden Decl. 73 (Ex. 1103).) 26

30 For example, Gärtner teaches the production and maintenance of a radiation-emitting plasma in the discharge medium are ensured, in a known manner, by at least one laser situated outside the chamber. (Gärtner at 3:22-24 (Ex. 1104).) Gärtner shows laser 9, which is a stationary CO 2 gas laser, in Figure 1 as an example of such a laser. (Id. at 5:3-9 ( absorbent plasma 14 which is heated to high temperatures under the influence of the radiation 11 [from laser 9]. The radiation 15 from the plasma can be fed into the downstream optical system through the window 8. ) (Ex. 1104).) (Eden Decl. 74 (Ex. 1103).) The independent claims of the 982 patent also require the light produced to be a high brightness light. Gärtner teaches a high brightness light because Gärtner is directed to a highly powerful radiation source for photolithographic appliances for illuminating a photoresist layer on a semiconductor wafer. (Gärtner at 1:1-2, 3:1 (Ex. 1104).) In particular, Gärtner provides light sources for applications where a radiated power is required which is greater than that from pressurized mercury vapour lamps... (Gärtner at 1:2-4 (Ex. 1104).) The 982 patent states that such light used for illumination in a lithography system used in the fabrication of wafers, a microscopy systems, or a photoresist curing system[,] is high brightness light. ( 982 patent at 1:15-19 (Ex. 1101).) (Eden Decl. 75 (Ex. 1103).) As illustrated in the chart below, Gärtner anticipates every limitation of 27

31 claim 67 of the 982 patent. (Eden Decl. 77 (Ex. 1103).) 982 Patent Claim 67 Prior Art [67p] 67. A method for producing light, comprising: Gärtner at 1:1-4, [67a] ionizing with an ignition source an ionizable medium within a chamber; and [67b] providing substantially continuous laser energy to the ionized medium in the chamber to produce a high brightness light. Figs. 1-4 Gärtner at 1:22, 3:20, 4:32, 5:5-9, 5:26-28, 6:9, Figs. 1-4 Gärtner at 1:1-2, 3:1, 3:22-24, 5:3-9, Figs Independent Claim 74 As illustrated in the chart below, Gärtner anticipates every limitation of independent claim 74 of the 982 patent. (Eden Decl. 77 (Ex. 1103).) a) Claim 74 Preamble (element [74p]) The preamble of claim 74 recites A light source. ( 982 patent, claim 74 (Ex ) As discussed supra for claim 37, Gärtner discloses [a] light source as recited in the claim. (Eden Decl. 78 (Ex. 1103).) b) Claim 74 Chamber (element [74a]) Claim 74 recites a chamber. ( 982 patent, claim 74 (Ex. 1101).) As discussed supra for claim 37, Gärtner discloses a chamber as recited in the claim. (Eden Decl. 79 (Ex. 1103).) 28

32 c) Claim 74 A first ignition means for ionizing an ionizable medium within the chamber (element [74b]) Claim 74 recites a first ignition means for ionizing an ionizable medium within the chamber. ( 982 patent, claim 74 (Ex. 1101).) Gärtner discloses a first ignition means for ionizing an ionizable medium within the chamber as recited in the claim. (Eden Decl. 80 (Ex. 1103).) Gärtner s pulsed laser 10 and its electrodes also each independently satisfy the first ignition means element [74b] because they are disclosed as performing the recited function of ionizing an ionizable medium within the chamber and are the structures that the 982 patent discloses for performing this function. Gärtner s pulsed laser 10 and its electrodes each perform the same function as the claimed first ignition means, namely, ionizing an ionizable medium within the chamber. (Gärtner at 5:5-8 ( The radiation 13 from the laser 10, which is a nitrogen pulse laser, is focussed on the same point by the lens 7 which allows ultraviolet to pass and produces an electrical discharge there and as a result an absorbent plasma ) (Ex. 1104).) Additionally, they are the structure the 982 patent discloses for performing this function, which can be a pulsed laser or electrodes. (See supra V.D.) (Eden Decl. 81 (Ex. 1103).) d) Claim 74 a means for providing substantially continuous laser energy to the ionized medium within the chamber (element [74c]) Claim 74 recites a means for providing substantially continuous laser 29

33 energy to the ionized medium within the chamber. ( 982 patent, claim 74 (Ex ) Gärtner discloses a means for providing substantially continuous laser energy to the ionized medium within the chamber as recited in the claim. (Eden Decl. 82 (Ex. 1103).) Gärtner s CO 2 laser satisfies element [74c]. The function recited by element [74c] is providing substantially continuous laser energy to the ionized medium within the chamber. Gärtner s CO 2 laser provides substantially continuous laser energy to the ionized medium within the chamber. (Gärtner at 5:5-9 ( absorbent plasma 14 which is heated to high temperatures under the influence of the radiation 11 [from laser 9]. The radiation 15 from the plasma can be fed into the downstream optical system through the window 8. ) (Ex. 1104).) The structure the 982 patent discloses for performing this providing laser energy function is a CO 2 laser source (among a list of alternative lasers). Gärtner s CO 2 laser is thus the same as the structure that the 982 patent discloses for performing this providing laser energy function. (See supra V.E.) (Eden Decl. at 83 (Ex. 1103).) As illustrated in the chart below, Gärtner anticipates every limitation of claim 74 of the 982 patent. (Eden Decl. 84 (Ex. 1103).) 982 Patent Claim 74 Prior Art [74p] 74. A light source, comprising: Gärtner at 1:1-4, 30

34 Figs. 1-4 [74a] a chamber; Gärtner at 3:20, [74b] a first ignition means for ionizing an ionizable medium within the chamber; and [74c] a means for providing substantially continuous laser energy to the ionized medium within the chamber. 6:9-10, Figs. 1-4 Gärtner at 4:32, 5:5-9, 5:15-16 Gärtner at 1:1-2, 3:22-24, 5:5-9, Figs Independent Claim 78 As illustrated in the chart below, Gärtner anticipates every limitation of independent claim 78 of the 982 patent. (Eden Decl. 85 (Ex. 1103).) a) Claim 78 Preamble (element [78p]) The preamble of claim 78 recites [a] light source. ( 982 patent, claim 78 (Ex. 1101).) As discussed supra for claim 37, Gärtner discloses [a] light source as recited in the claim. (Eden Decl. 86 (Ex. 1103).) b) Claim 78 Sealed Chamber for containing a laser sustained plasma that emits a high brightness light produced by the laser sustained plasma by providing substantially continuous laser energy to an ionized medium within the chamber (element [78a]) Claim 78 recites a sealed chamber for containing a laser sustained plasma that emits a high brightness light produced by the laser sustained plasma by providing substantially continuous laser energy to an ionized medium within the chamber. ( 982 patent, claim 78 (Ex. 1101).) Gärtner discloses a sealed 31

35 chamber for containing a laser sustained plasma that emits a high brightness light produced by the laser sustained plasma by providing substantially continuous laser energy to an ionized medium within the chamber as recited in the claim. (Eden Decl. 87 (Ex. 1103).) As discussed supra for claim 37, Gartner discloses a gas-tight chamber, which is a sealed chamber. Additionally, as discussed supra for claim 37, Gärtner teaches: the production and maintenance of a radiation-emitting plasma in the discharge medium are ensured, in a known manner, by at least one laser situated outside the chamber. (Gärtner at 3:22-24 (Ex. 1104).) Gärtner also discloses a laser 9, which is a stationary CO 2 gas laser, in Figure 1 as an example of such a laser. (Gärtner at 5:3-9 ( absorbent plasma 14 which is heated to high temperatures under the influence of the radiation 11 [from laser 9]. The radiation 15 from the plasma can be fed into the downstream optical system through the window 8. ) (Ex. 1104).) Furthermore, as discussed supra for claim 37, Gärtner teaches a high brightness light. (Eden Decl. 88 (Ex. 1103).) As illustrated in the chart below, Gärtner anticipates every limitation of claim 78 of the 982 patent. (Eden Decl. 89 (Ex. 1103).) 982 Patent Claim 78 Prior Art [78p] 78. A light source comprising: Gärtner at 1:1-4, Figs

36 [78a] a sealed chamber for containing a laser sustained Gärtner at 1:1-2, plasma that emits a high brightness light produced by the laser sustained plasma by providing substantially continuous laser energy to an ionized medium within the chamber. 3:20-24, 5:5-9, 6:9-10, Figs Dependent Claims 42 and 68 Optical Element for Modifying a Property of the Laser Energy Claim 42, which depends from claim 37, recites at least one optical element for modifying a property of the laser energy provided to the ionized medium. (ʼ982 patent, claim 42 (Ex. 1101).) Similarly, claim 68, which depends from claim 67, recites directing the laser energy through at least one optical element for modifying a property of the laser energy provided to the ionizable 5 medium. (Id. claim 68.) Gärtner discloses at least one optical element for modifying a property of the laser energy provided to the ionized medium and directing the laser energy through at least one optical element for modifying a property of the laser energy provided to the ionizable medium as recited in the claims. (Eden Decl. 90 (Ex. 1103).) 5 Claim 67 recites providing substantially continuous laser energy to the ionized medium, whereas claim 68 appears to mistakenly recite the laser energy provided to the ionizable medium. Claim 68 appears to have been intended to recite the laser energy provided to the ionized medium. (Eden Decl. 91 n.4 (Ex. 1103).) 33

37 For example, Gärtner discloses directing coherent radiation 20 (laser energy) from laser 21 through lens 22 (optical element) to focus the laser energy on the plasma 27 (ionized medium). (Gärtner at 5:28-34 (Ex. 1104).) Additionally, Gärtner discloses directing coherent radiation 11 (laser energy) from laser 9 through concave mirror 12 (optical element) to focus the laser energy on plasma 14 (ionized medium). (Gärtner at 5:3-8; see also 6:9-16, Figs 3-4 (disclosing directing radiation 37 from laser 38 through concave mirror 39 to focus the laser energy on plasma in Fig. 3 and through lens 40 to focus the laser energy on the plasma in Fig. 4) (Ex. 1104).) (Eden Decl. 91 (Ex. 1103).) 7. Dependent Claim 43 Optical Element Is a Lens or Mirror Claim 43, which depends from claim 42, recites wherein the optical element is a lens or mirror. (ʼ982 patent, claim 43 (Ex. 1101).) Gärtner discloses wherein the optical element is a lens or mirror as recited in the claim. (Eden Decl. 92 (Ex. 1103).) For example, Gärtner s lens 22 is a lens. (Gärtner at 5:28-30 (Ex. 1104); see also id. at 6:11, Fig 4 (disclosing lens 40 ).) Additionally, concave mirror 12 is a mirror. (Id. at 5:3-5; see also Fig. 3 (disclosing mirror 12 ).) (Eden Decl. 93 (Ex. 1103).) 34

38 8. Dependent Claim 49 Sealed Chamber Claim 49, which depends from claim 37, recites the chamber is a sealed chamber. (ʼ982 patent, claim 49 (Ex. 1101).) Gärtner discloses the chamber is a sealed chamber as recited in the claim. (Eden Decl. 94 (Ex. 1103).) For example, Gärtner discloses a gas-tight chamber (sealed chamber). (Gärtner at Abstract, 3:20, 6:9-10 (Ex. 1104).) (Eden Decl. 95 (Ex. 1103).) 9. Dependent Claim 55 Ionizable Media Claim 55, which depends from claim 37, recites the ionizable medium is one or more of a noble gas, Xe, Ar, Ne, Kr, He, D 2, H 2, O 2, F 2, a metal halide, a halogen, Hg, Cd, Zn, Sn, Ga, Fe, Li, Na, an excimer forming gas, air, a vapor, a metal oxide, an aerosol, a flowing media, or a recycled media, or an evaporating target. (ʼ982 patent, claim 55 (Ex. 1101).) Gärtner discloses the ionizable medium is one or more of a noble gas, Xe, Ar, Ne, Kr, He, D 2, H 2, O 2, F 2, a metal halide, a halogen, Hg, Cd, Zn, Sn, Ga, Fe, Li, Na, an excimer forming gas, air, a vapor, a metal oxide, an aerosol, a flowing media, or a recycled media, or an evaporating target as recited in the claim. (Eden Decl. 96 (Ex. 1103).) For example, Gärtner discloses a chamber containing discharge medium such as argon or xenon gas. (Gärtner at 5:14-16, 28 (Ex. 1104).) (Eden Decl. 97 (Ex. 1103).) 35

39 10. Dependent Claim 61 Ignition source is a pulsed laser, electrodes, or other types of ignition sources Claim 61, which depends from claim 37, recites the ignition source is selected from the group consisting of electrodes, an ultraviolet ignition source, a capacitive ignition source, an inductive ignition source, a flash lamp, a pulsed laser, and a pulsed lamp. (ʼ982 patent, claim 61 (Ex. 1101).) Gärtner discloses the ignition source is selected from the group consisting of electrodes, an ultraviolet ignition source, a capacitive ignition source, an inductive ignition source, a flash lamp, a pulsed laser, and a pulsed lamp as recited in the claim. (Eden Decl. 98 (Ex. 1103).) For example, Gärtner s laser 10 ignition source is a nitrogen pulse laser (pulsed laser ignition source). (Gärtner at 5:5-6 (Ex. 1104).) Additionally, Gärtner discloses electrodes as ignition sources. (Id. at 1:22 ( the electrodes of the discharge cavity ) (Ex. 1104).) (Eden Decl. 99 (Ex. 1103).) 11. Dependent Claim 62 Ignition Source is External or Internal to the Chamber Claim 62, which depends from claim 37, recites the ignition source is external or internal to the chamber. (ʼ982 patent, claim 62 (Ex. 1101).) Gärtner discloses the ignition source is external or internal to the chamber as recited in the claim. (Eden Decl. 100 (Ex. 1103).) 36