Ex parte BIGGS et al. - Page 5




          Appeal No. 1999-1101                                                        
          Application 08/727,125                                                      

          fertilizers at a rate depending upon the determined soil                    
          chemical composition.  Monson does not disclose real-time                   
          application of fertilizer based on a physical characteristic                
          of the crop.                                                                
               Peterson discloses use of a hand-held chlorophyll meter                
          to measure portions of leaves in the field as a tool to                     
          detecting nitrogen deficiency and determining the need for                  
          additional nitrogen fertilizer.  The meter is an alternative                
          to soil testing (first page).  Peterson discloses that there                
          is a close link between leaf chlorophyll and nitrogen content               
          (first page).  Peterson teaches using reference strips (strips              
          in the field that are adequately fertilized with sufficient                 
          levels of nitrogen fertilizer so they do not exhibit nitrogen               
          deficiency) to calibrate the chlorophyll meter for each field,              
          previous crop, hybrid, fertilizer and/or manure application,                
          and differing soil types (under "Establishing Reference                     
          Strips" and Fig. 3).  "By comparing the average chlorophyll                 
          meter readings from the reference strips to those from the                  
          rest of the field, N sufficiency and the need for additional N              
          supplied through fertigation can be determined."  (Under                    
          "Establishing Reference Strips.")  The recommended measurement              

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