Ex parte BIGGS et al. - Page 10




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

          chlorophyll concentration by reflectance measurements and that              
          chlorophyll concentration is directly related to nitrogen                   
          fertilizer requirements of the crop.  One of ordinary skill in              
          the art would have been motivated to substitute a reflectance               
          measurement sensor, either vertically or obliquely mounted, as              
          taught in Demetriades-Shah for the soil measurement sensor in               
          the real-time system of Monson because: (1) it was a known                  
          alternative way to determine fertilizer requirements;                       
          (2) Peterson suggested remote sensing in place of soil testing              
          to determine fertilizer requirements and Demetriades-Shah was               
          one known type of remote sensor for determining fertilizer                  
          requirements; and (3) there is a direct correlation between                 
          the measured chlorophyll (nitrogen) content of the crop and                 
          the fertilization requirements of the crop in Demetriades-Shah              
          and Peterson, whereas there is only an indirect correlation                 
          between the nitrogen content of the soil and the fertilization              
          requirements of the crop in Monson.  In the absence of                      
          persuasive arguments to the contrary, the combination of                    
          references is sufficient to establish a prima facie case of                 
          obviousness.                                                                



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