HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 4





                 The invention and the meaning of "phase grating mask"                            
                10. In our decision on preliminary motions, we made a                             
          finding that "phase mask" or, "phase grating mask ,5 as recited in                      
          the count, is a transparent mask having varying thickness across                        
          the surface of the mask (Paper 208 at 17).                                              
                11. Specifically as we discussed in that decision,                                
          Shirasakil shows in Fig. 6 a phase grating mask as shown below.                         


                                          Fig. 6                                                  

                                          V                                                       
                                 tj                                                               
                                          140,57ý-f 4-- 7-14 '-14                                 
                                          24                                                      


                12. The description of Shirasaki Fig. 6 is as follows:                            
                      The illustrated mask is in the form of plate 11                             
                      which consists of a material transparent to the                             
                      exposure radiations such as quartz glass, the                               
                      plate having selectively formed on a major surface                          
                      thereof rectangular parallelopiped-shaped                                   
                      projections 24 which also consist of a material                             
                      transparent to the exposure radiations such as                              
                      silicon dioxide (S'02) (Shirasaki, column 9,                                
                      lines 59-65).                                                               



                5 We use the term "phase mask" and "phase grating mask"                           
          interchangeably, as do the parties in their respective briefs.                          
                6 Shirasaki et al. (Shirasaki), U.S. Patent 4,806,422, granted February 21,       
          1989, based on application 06/841,801, filed March 20, 1986.                            
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