Ex Parte OGAWA et al - Page 1




               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     
          Paper No. 37                                                                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                                 Ex parte TOHRU OGAWA                                 
                                     ____________                                     
                                  Appeal No.2000-1112                                 
                              Application No. 08/518,363                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before BARRETT, DIXON, and GROSS, Administrative Patent Judges.             
          GROSS, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1, 59, 62 through 64, and 68.  Claims 2                 
          through 58 have been canceled.  Claims 60, 61, 66, 67, and 69               
          through 71 have been allowed. 1                                             
               Appellant's invention relates to a method and apparatus for            
          forming a pattern on a substrate, the method including the use of           
          a phase shifting mask.  Claim 1 is illustrative of the claimed              
          invention, and it reads as follows:                                         



               1  We note that although claim 65 was neither canceled nor             
          indicated as allowable, it has not been rejected and, therefore,            
          is not before us on appeal.                                                 





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