Ex parte DAO - Page 7




          Appeal No. 95-3017                                                          
          Application 07/952,061                                                      


          we conclude that to the extent broadly cited at the end of claim            
          1, the reduced portion of radiation corresponding to the small              
          amount of light reaching the die would have been “relatively                
          uniform” underneath the pattern of the trenches.  Note again the            
          depiction of the generic/master mask 110 at the bottom of Figure            
          2.                                                                          
               In view of these teachings and findings, we also conclude              
          that appellant’s arguments in the brief and reply brief with                
          respect to this rejection of claims 1 to 6 under 35 U.S.C.                  
          § 102 are misplaced.  Although we agree with appellant’s basic              
          premise that absolutely no part or purpose of Pease is such to              
          reproduce any transmission of light under the tiles (that is                
          tiles 112 and 114 in representative Figure 1 of Pease also                  
          depicted at the bottom of Figure 2 in generic/master mask 110),             
          clearly there is a relatively uniform portion of radiation                  
          transmitted through the subresolution trenches by the small                 
          amount of light that may be imaged on the die in accordance with            
          the above noted portion of column 5.  Even in a normal operation            
          sense of Pease, when there is no light at all transmitted through           
          the trenches, the trench position would still be indicated by               
          contrast in accordance with the showing at the bottom of Figure 2           
          for the generic/master mask 110 shown there.  As such, there                

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