Ex parte BIGGS et al. - Page 16




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

          hand-held meter (under "The chlorophyll meter as an N                       
          management tool").                                                          
               We conclude that Appellants have not demonstrated error                
          in the prima facie case of obviousness.  The rejection of                   
          claim 1 is sustained.                                                       

          Claims 17-21                                                                
               Claim 17 depends on claim 1 and recites that the sensed                
          characteristic is electromagnetic radiation affected by the                 
          crop.  Appellants argue that the limitation defines a further               
          invention (Br17).  However, Demetriades-Shah discloses sensing              
          electromagnetic radiation affected by the crop and this                     
          teaching has not been addressed by Appellants.  It is also                  
          noted that Peterson discloses that remote sensing by satellite              
          or aircraft could be used to determine nitrogen content, which              
          implies sensing electromagnetic radiation affected by the                   
          crop.  The rejection of claim 17 is sustained.                              
               Claim 18 depends on claim 1 and recites that the step of               
          determining the physical attribute includes the substep of                  
          comparing the sensed characteristic with a reference value.                 
          Appellants argue that while Peterson discloses the use of a                 
          reference crop, it does not teach any mechanism by which                    
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