Appeal No. 2006-0996
Application No. 10/162,516
Representative claim 1 is reproduced as follows:
1. A method of selecting wavelengths for use in optical metrology of an
integrated circuit structure having a nominal profile, the method comprising:
determining one or more termination criteria;
determining one or more selection criteria;
selecting wavelengths using one or more input diffraction spectra for the
integrated circuit structure and the selection criteria; and
performing the selecting step until the termination criteria are met.
The examiner relies on the following references:
Lee et al. (Lee) 5,835,221 Nov. 10, 1998
Kaji et al. (Kaji) 6,716,300 Apr. 06, 2004
(filed Mar. 06, 2002)
Claims 1, 6, 8, 9, 13, 27, 29, 38-41, 48 and 54 stand rejected under 35 U.S.C. §
102(b) as being anticipated by the disclosure of Lee. Claims 10 and 11 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over the teachings of Lee in view of
Kaji.
Rather than repeat the arguments of appellants or the examiner, we make reference
to the briefs and the answer for the respective details thereof.
OPINION
We have carefully considered the subject matter on appeal, the rejections advanced
by the examiner and the evidence of anticipation and obviousness relied upon by the
examiner as support for the rejections. We have, likewise, reviewed and taken into
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