Ex parte MASAO - Page 6




          Appeal No. 95-3781                                                          
          Application 07/978,223                                                      

          characteristics of a sample (Fig. 1, Col. 1, lines 38-41, Col.              
          3, line 17).  The ellipsometer includes a polarizer 3 for                   
          converting a light beam into a polarized light beam (Fig. 1,                
          Col. 3, lines 20-24) and a beam expander 2 for expanding the                
          polarized light (Col. 3, line 18).  The light beam which has                
          been polarized by polarizer 3 and expanded by beam expander 2               
          is reflected from a sample 5 (Fig. 1).  Optics 8 condenses the              
          light beam reflected from the sample so as to have a cross                  
          section smaller than the size of analyzers 12a, 12b and 12c                 
          (Fig. 1).  We note that analyzers in an ellipsometer are                    
          typically linear polarizers.3                                               
                    Korth also disclosed that analyzers 12a, 12b and 12c              
          whose transmission direction differs by 60E, direct the light               
          beam to image converters 11a, 11b and 11c (Col. 3, lines 29-                
          30).  Korth does not disclose that the polarizer is ahead of                
          the beam expander on the optical path as recited in claim 1.                
          As such Korth discloses the invention as recited in claim 1                 
          except that in Korth the beam is expanded before it is                      
          polarized.  The examiner stated:                                            

            6 McGraw Hill Encyclopedia of Science and Technology3                                                                      
          356 (7th ed 1997).                                                          

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