Ex parte HANYU et al. - Page 2




          Appeal No. 95-1487                                                           
          Application 07/813,387                                                       


          for forming a phase shift mask and pattern.  The invention                   
          basically centers around use of MgO or a compound formed from MgO            
          and Al O  as an etching stop layer for phase shift masks (main               
                2 3                                                                    
          brief, page 2).  Claim 1 is illustrative of the subject matter on            
          appeal and is reproduced below:                                              
               1.  An optical exposure mask for patterning an optical beam,            
          comprising:                                                                  
               an etching stop layer of a material containing MgO or a                 
          compound formed from MgO and A1 O , said etching stop layer                  
                                         2 3                                           
          having upper and lower major surfaces and said material being                
          substantially transparent to the optical beam used for the                   
          exposure;                                                                    
               a transparent pattern of a material provided on one of said             
          upper and lower major surfaces of said etching stop layer, said              
          transparent pattern passing the optical beam freely; and                     
               an opaque pattern provided on one of said upper and lower               
          major surfaces of said etching stop layer for patterning the                 
          optical beam, said opaque pattern being defined be [sic, by] an              
          edge,                                                                        
               said etching stop layer having an etching rate substantially            
          smaller than an etching rate of the material that forms the                  
          transparent pattern for any of dry and wet etching processes, and            
               said transparent pattern being provided along said edge of              
          said opaque pattern and having a thickness set to cancel a                   
          diffraction of the optical beam at said edge of said opaque                  
          pattern.                                                                     
               The references relied upon by the examiner as evidence of               
          obviousness are as follows:                                                  
          Nakagawa et al. (Nakagawa)          61-278179        Dec.  9, 1986           
          (Japanese Kokai)                                                             
          Kawabata et al. (Kawabata)          0 395 425        Oct. 31, 1990           
                                         -2-                                           




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