Ex parte HIDEO SHIMIZU - Page 2




               1.  A phase-shifting mask, comprising:                                 
               a phase shifting portion means for shifting a phase of a               
          transmission light lying on both one surface and another surface            
          of a transparent substrate, the two surfaces being at opposite              
          sides of the substrate, and each of the phase shifting portion              
          means projecting outwardly from each respective surface.                    
                                   THE REFERENCES                                     
          Okamoto                        5,045,417         Sep.  3, 1991              
          Levenson                       0 090 924         Oct. 12, 1983              
               (European patent application)                                          
          Shigetomi et al. (Shigetomi)2   4-316047         Nov.  6, 1992              
               (Japanese Kokai patent publication)                                    
                                   THE REJECTIONS                                     
               Claims 1-7 stand rejected under 35 U.S.C. '  103 as being              
          unpatentable over Okamoto in view of Levenson and over Shigetomi            
          in view of Okamoto.                                                         
                                       OPINION                                        
               We have carefully considered all of the arguments advanced             
          by appellant and the examiner and agree with appellant that the             
          aforementioned rejections are not well founded.  Accordingly,               
          these rejections will be reversed.                                          
               Appellant=s claimed invention, as it is most broadly recited           
          in claim 1, is a phase-shifting mask having phase-shifting                  
                                                                                     
               2 The November 6, 1992 publication date of Shigetomi is                
          subsequent to appellant=s May 29, 1992 filing date.  Shigetomi              
          therefore is not prior art as to appellant=s claimed invention.             
          We nevertheless address the rejection over Shigetomi and Okamoto            
          in order to dispose of this rejection as to its merits.                     
               Citations herein to Shigetomi are to an English translation            
          of this reference.  A copy of this translation is provided to               
          appellant with this decision.                                               

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