an apparatus , system and method for fabricating a wafer utilizing a dual damascene process are described . a wafer - in - process , having conductive plugs within a first dielectric layer , a hard mask over the first dielectric layer , vias in a second dielectric layer which overlies the hard mask , and a photoresist material within the vias is further processed by a photolithographic device having transparent portions and radiant energy inhibiting portions . the photolithographic device is registered to the wafer - in - process to prevent radiant energy from being directly transmitted into the photoresist material overlaying the vias . this prevents the exposure of a portion of the photoresist material at a lower portion of the vias , thus protecting the hard mask layer and / or the conductive plugs from damage during a subsequent etching process . the exposed photoresist material is then removed .