Ex Parte Wack et al - Page 2

                 Appeal No. 2006-3246                                                                                     
                 Application No. 09/956,849                                                                               

                 all of the claims pending in this application.  All other claims have been                               
                 canceled by the preliminary amendment filed Mar. 5, 2002.                                                
                 We AFFIRM-in-PART.                                                                                       
                                                     BACKGROUND                                                           
                      Appellants’ invention relates to methods and systems for determining a                              
                 property of a specimen prior to, during, or subsequent to lithography.  An                               
                 understanding of the invention can be derived from a reading of exemplary                                
                 claim 6192, which is reproduced below.                                                                   
                             6192.    A system configured to determine at least one                                       
                         property of a specimen during use, comprising:                                                   
                             a lithography track configured to perform one or more                                        
                         steps of a lithography process on the specimen during use;                                       
                             a spectroscopic ellipsometer coupled to the lithography                                      
                         track, wherein the spectroscopic ellipsometer is configured to                                   
                         generate one or more output signals responsive to the at least                                   
                         one property of the specimen during use; and                                                     
                             a processor coupled to the spectroscopic ellipsometer,                                       
                         wherein the processor is configured to determine the at least                                    
                         one property of the specimen from the one or more output                                         
                         signals during use.                                                                              
                                                     PRIOR ART                                                            
                      The prior art references of record relied upon by the Examiner in                                   
                 rejecting the appealed claims are:                                                                       
                 Moore     5,872,632          Feb. 16, 1999                                                               
                 Yoshioka et al. (Yoshioka)  5,968,691          Oct. 19, 1999                                             
                 Jann et al. (Jann)    5,189,481          Feb. 23, 1993                                                   
                 Kuriyama et al. (Kuriyama)    4,865,445          Sep. 12, 1982                                           


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