Ex parte BIGGS et al. - Page 9




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

          The difference between Monson and the subject matter of                     
          claim 1 is that Monson measures physical characteristics of                 
          the soil, not a characteristic of the crop, as claimed.                     
          Peterson teaches the claimed subject matter of independent                  
          method claims 1 and 3 except for controlling fertilizer                     
          application "in real-time."  The hand-held chlorophyll meter                
          in Peterson is not suitable for a continuous real-time                      
          (on-line) fertilizer application method or apparatus and, so,               
          would not constitute the "means for measuring" of claim 9.                  
          Peterson discloses that the hand-held chlorophyll meter for                 
          measuring a crop characteristic (the chlorophyll content) is a              
          substitute for soil analysis (first page); thus, Peterson                   
          suggested measuring the physical characteristics of a crop,                 
          instead of the soil as in Monson, to determine fertilizer                   
          requirements.  Peterson further discloses that future                       
          techniques would include remote sensing by satellite or                     
          airplane in place of the hand-held meter (under "The                        
          chlorophyll meter as an N management tool"); thus, Peterson                 
          suggested using remote sensing of crop physical                             
          characteristics in place of the hand-held meter and in place                
          of soil analysis.  Demetriades-Shah teaches remote sensing of               

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