Appeal No. 1999-1101
Application 08/727,125
regarded as abandoned and will not be considered. It is our
function as a court to decide disputed issues, not to create
them."); In re Wiseman, 596 F.2d 1019, 1022, 201 USPQ 658, 661
(CCPA 1979) (arguments must first be presented to the Board
before they can be argued on appeal).
Appellants argue that Monson senses the characteristics
of the earth and is not concerned with measuring
characteristics of plants. It is argued that Monson
apparently does not appreciate that soil measurements cannot
accommodate the different amounts of nitrogen needed at
different times of the year and under different environmental
conditions (Br14-15; Br15-16).
One cannot show nonobviousness by attacking the
references individually where the rejection is based on a
combination of references. Keller, 642 F.2d at 426,
208 USPQ at 882. While it is true that Monson only teaches
sensing soil characteristics, it is Demetriades-Shah and
Peterson that are relied on to show measurement of a physical
characteristic of a crop.
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