Ex Parte 5963329 et al - Page 10




               Appeal No. 2006-0741                                                                                              
               Reexamination Control No. 90/006,185                                                                              
                              wavelength fixed) and to changes in the wavelength (with the angle of                              
                              incidence fixed).  See, p. 3217, second column, 1st full paragraph, and see                        
                              Abstract.  Moharam also studies the sensitivity of the diffraction gratings                        
                              to the polarization (TE or TM) of the incident light.  See, p. 3217,                               
                              paragraph bridging 1st and 2nd columns.                                                            
               The examiner has articulated no basis to discredit the above-quoted testimony of Mircea Dusa.                     
                      Raymond discloses a system and method for determining the widths and overall profiles                      
               of dielectric grating lines by measuring the intensity of diffracted laser light from the sample                  
               substrate over a specified range of incident beam angles (Raymond, page 1484, Introduction).                      
               As is determined correctly by the examiner (Answer at 4), Raymond discloses comparing the                         
               predicted diffraction intensity over the range of incident beam angles as calculated through a                    
               mathematical algorithm applied to a model to the actual measured diffraction intensity                            
               (Raymond, page 1485, column 2, lines 9-49).  But the wavelength of incident illumination is                       
               fixed and the diffraction intensity is not measured as a function of wavelength.  Raymond’s                       
               system and method depend on measuring the diffraction intensity as a function of a varying                        
               incident angle.  As is stated in Raymond on page 1485, column 2, lines 46-54:                                     
                      The sample is mounted on a stage that permits it to rotate.  Since the beam itself is                      
                      fixed, this rotation changes the angle of incidence on the sample.  Using grating                          
                      Eq. (1), the detector arm of the scatterometer is able to follow any diffracted order                      
                      as this angle is varied.  The intensity of a particular diffraction order as a function                    
                      of incident angle, which is known as 2-t plot or scatter “signature,” is then                              
                      downloaded to a computer, where the analysis can begin.                                                    
               The wavelength of Raymond’s incident laser is not changed when the incident angle is changed.                     
               Similarly, in Moharam, as is discussed above, while the angle of incidence is changed, the                        
               wavelength of the source illumination stays fixed.                                                                

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