Method of forming a semiconductor device having a cut-way hole to expose a portion of a hardmask layer

A method of forming a semiconductor device having a substrate, the semiconductor device having an active region and an inactive region, the method comprising:

• forming a first film layer over the substrate;
• forming a second film layer over the first film layer;
• forming a hardmask layer over the second film layer;
• transferring a first pattern onto the hardmask layer in the active region of the semiconductor device;
• forming one or more fills in the inactive region;
• forming a cut-away hole within, covering, or partially covering, the one or more fills to expose a portion of the hardmask layer, the exposed portion being within the one or more fills;
• and
• exposing the hardmask layer to an etchant;
• wherein the first film layer is a gate oxide layer and wherein the second film layer is a gate material.