HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 5





                13. Brooks' states the following with respect to phase                              
          masks, distinguishing phase masks from amplitude masks:                                   
                            The diffracted light beam 35 eventually                                 
                       impinges on an opaque filter 38. This may, for                               
                       example, be an opaque plate such as a metallic                               
                       plate having a suitable pattern cut out. Such a                              
                       plate may form an amplitude mask which masks the                             
                       diffracted light beam in accordance with its                                 
                       amplitude. Alternatively a phase mask may be                                 
                       used, this may, for example, consist of glass                                
                       plate having a varying thickness so as to delay                              
                       the wave front by different amounts depending on                             
                       the thickness of the glass. (Column 3, lines 59                              
                       65).                                                                         

                14. In the involved Hill patent the "phase grating mask" is                         
          shown as a transparent mask, for example, in Fig. la with a                               
          surface relief pattern 5 approximating a square-wave as shown.                            


                                               FIG. la                                              
                                   2A                                                               

                                     T5A                                                            
                                                 6                                                  



                15. In the involved Anderson patent the "phase grating                              
          mask" is shown as a transparent mask, for example, in Fig. 2 with                         
          a surface relief pattern 40 approximating a square-wave as shown.                         



                7 Brooks et al. (Brooks), U.S. Patent 3,668,405, granted 6 June 1972, based         
          on application 04/791,597, filed 16 June 1969. This reference was not relied upon         
          during the prosecution of the involved Hill or Anderson patents or the Snitzer            
          involved application.                                                                     
                                                 5                                                  







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