Ex parte HIDEO SHIMIZU - Page 6




          Appeal No. 94-1889                                                          
          Application 07/890,003                                                      


               effect of shifter portions and the known equivalent                    
               effects of such shifter portions (see Okamoto).                        
          The examiner further argues (supplemental answer, pages 5-6) that           
               it is well known to change light intensity through the                 
               use of phase shifters in many different positions                      
               (Okamoto).  Therefore, it would have been obvious to                   
               one of ordinary skill in the art to use phase shifters                 
               in any position including the bottom of the substrate                  
               with expectation of phase shifting because of the known                
               use of phase shifting and changing light intensity from                
               the bottom of the substrate.                                           
               As correctly pointed out by appellant (reply brief, paper              
          no. 19, page 2 of remarks section), Shigetomi=s U-shaped sections           
          cut out of the substrate are not disclosed as providing phase               
          shifting as asserted by the examiner, but, rather, are disclosed            
          only as equalizing the intensity of the transmitted light.                  
               Okamoto teaches that both applying phase-shifting material             
          to a substrate and cutting sections out of the substrate are                
          effective for providing phase shifting (col. 12, lines 52-54).              
          The purpose of the cut-out sections of Shigetomi=s substrate,               
          however, is to equalize the intensity of the light transmitted              
          through the phase-shifting sections and the non-phase-shifting              
          sections of the mask (page 1).  The examiner does not explain               
          why, if phase-shifting material were applied to the side of the             
          substrate opposite to Shigetomi=s phase-shifting portions, this             
          light intensity equalization would be provided.  Thus, it is not            

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