Ex Parte 5963329 et al - Page 2




               Moharam et al. (Moharam) “Diffraction characteristics of photoresist surface-relief                               
                                             gratings,” Applied Optics, Vol. 23, No. 18 (September 15,                           
                                             1984), pp. 3214-3220.                                                               
               Case et al. (Case)  4,555,767   November 1985                                                                     
               Lochbihler et al. (Lochbihler I) “Characterization of highly conducting wire gratings                             
                                                     using an electromagnetic theory of diffraction,” Optics                     
                                                     Communications, Vol. 100, 1993, pp. 231-239.                                
               Lochbihler et al. (Lochbihler II) “Characterization of x-ray transmission gratings,”                              
                                                     Applied Optics, Vol. 31, No. 7 (March 01, 1992), pp.                        
                                                     964-971.                                                                    
                                                 The Rejections on Appeal                                                        
                      Claims 1-4, 8-13, 16, 17, 20, and 27-28 stand rejected under 35 U.S.C. § 103 as                            
               being unpatentable over Raymond and Moharam.                                                                      
                      Claims 5-7, 14, 18-19, and 21-26 stand rejected under 35 U.S.C. § 103 as being                             
               unpatentable over Raymond, Moharam, Case, Lochbihler I, and Lochbihler II.                                        
                                                        The Invention                                                            
                      The invention is directed to a method and apparatus for determining the profile                            
               on a substrate having repeating structure by use of actual radiation diffraction and                              
               mathematical  modeling.  The intensity of diffracted illumination is compared with the                            
               predicted intensity of  a model based on mathematical calculations.  The independent                              
               claims are claims 1, 27 and 28, each of which is reproduced below:                                                
                      1.     A method of determining a profile, comprising the steps of:                                         
                                     (a) providing a substrate having a repeating structure                                      
                              comprising a plurality of lines, said lines having substantially                                   
                              identical profiles;                                                                                
                                     (b) illuminating said repeating structure with radiation                                    
                              wherein said radiation diffracts, said diffracted radiation                                        
                              having an intensity as a function of wavelength;                                                   







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