Ex parte BAUM et al. - Page 4




          Appeal No. 96-0294                                                           
          Application No. 08/168,569                                                   
          exclude light from reaching the substrate (photoresist)                      
          beneath the mask and the defect was a transparency (hole) in                 
          the opaque patterns. See for example column 1, lines 17                      
          through 19 of Kellogg ("alteration of a precisely localized                  
          site on a substrate such as a transparent defect site in a                   
          photolithographic mask."); column 3, lines 11 through 14 of                  
          Drozdowicz ("The metal film deposits produced by this method,                
          when extended over adjacent clear (missing chrome) defect                    
          areas, make these clear areas opaque, thus effecting the                     
          repair."); and column 6, line 11 of Harriott ("repairing a                   
          transparent defect in said pattern").                                        
               Here, the claimed subject matter requires that the mask                 
          being repaired be a particular type of mask, a phase-shifting                
          mask, which is not shown by any of the references on which the               
          examiner has relied and is designed to permit light through                  
          the mask to be shifted for the purpose of causing coherent                   
          destructive interference.  The defect in appellants' mask is                 
          not a transparency (hole) in an opaque pattern.                              
               We have not overlooked pages 5 and 6 of the Examiner's                  
          Answer wherein the examiner opines:                                          
               it is not all that surprising that a relatively                         
               small area of the transmissive region which is                          
               rendered opaque does not adversely affect                               
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