Appeal No. 2006-0741
Reexamination Control No. 90/006,185
The angular and wavelength selectivities of a grating are measures of the
sensitivity of the diffraction to changes in the angle of incidence (with the
wavelength fixed) and to changes in the wavelength (with the angle of incidence
fixed).
Moharam discloses the use of a source illumination including a range of wavelengths and the
measuring of diffraction intensity as a function of wavelength. But it is for determining
diffraction sensitivities to differences in the wavelength of the source illumination, and not a
blanket teaching that source illumination having a range of wavelengths be applied and
diffraction intensity be measured as a function of wavelength whenever diffraction of source
illumination from a substrate is measured.
Moreover, as is pointed out by the appellant, in Moharam while the angle of incidence is
varied, the wavelength of the incident illumination remains fixed, and while the wavelength of
the incident illumination is varied, the angle of incidence remains fixed (Moharam, page 3214,
column 2, lines 3-9; page 3217, column 2, lines 4-8). Moharam teaches that the intensity of the
diffracted radiation depends on the wavelength of the source illumination and not that source
illumination including a range of wavelengths should be applied and that the resulting diffraction
should be measured as a function of wavelength in any particular type of situation other than for
measuring diffraction efficiencies.
The foregoing is consistent with the following paragraph contained in the declaration of
Mircea Dusa submitted by the appellant on July 21, 2003, and attached to the appellant’s brief:
8. Moharam relates to the examination of diffraction characteristics of
photoresist diffraction gratings. Moharam studies the angular and
wavelength selectivities of diffraction gratings by measuring the
sensitivity of the diffraction to changes in the angle of incidence (with the
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