utilized to remove layer 68 with reference to fig8 a distance 42 and a distance 44 can be used to determine an overlay error for gate conductor 34 distances 42 and 44 are measured with respect to a center point of isolation structures 52 and 50 with tool 12 after removal of layer 68 alignment can be readily checked in a step 214 because layer 66 is relatively translucent so that alignment marks and or structures 52 and 50 can be readily observed by system 10 in a step 216 the overlay error can be utilized to adjust fabrication parameters distances 42 and 44 are preferably measured using optical equipment such as a kla5200 scanner light a wavelength of between approximately 300 and 600 nanometers can be used to make the measurements in alternative embodiments any broad band light wavelengths may be used e g from the mid visible light spectrum down to the near ultraviolet wavelength ranges with reference to fig1 a flow chart shows a fabrication process utilizing a principle of a preferred embodiment at a step 230 wafer 14 is aligned and exposed to pattern photoresist features similar to step 208 at a step 232 wafer 14 is etched through an advanced lithographic material and a gate conductor layer to form a gate stack similar to step 210 also in step 232 the advanced lithographic layer e g amorphous carbon layer 68 is removed at a step 234 an overlay measurement is made based upon the overlay measurement made in step 234.