Appeal No. 1999-1101
Application 08/727,125
suggests to one of ordinary skill in the art. In re Boe,
355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966);
In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA
1968) (the use of patents as references is not limited to what
the patentees describe as their own invention or to the
problems with which they are concerned). Appellants' argument
that the measurement system of Demetriades-Shah is not
indicative of the current system is not commensurate in scope
with the claim language.
It is argued that Peterson teaches a hand measuring
device which cannot perform a continuous on-line measurement
(Br15) and Peterson's leaf-by-leaf measurement has no utility
to the invention (Br16).
It is true that the chlorophyll meter of Peterson is not
suited to a real-time system. However, Demetriades-Shah is
relied on for a suitable sensor. Again, 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. It is noted that
Peterson expressly suggests that the chlorophyll (nitrogen)
measurement could be done by remote sensing instead of a
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