Ex parte BIGGS et al. - Page 17




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

          moving measuring devices can sense both a reference crop and                
          the crop that is to be determined simultaneously (Br17).                    
          Peterson teaches comparing readings from a bulk field with a                
          reference strip (under "Establishing Reference Strips") and                 
          that readings should be taken from the reference strip and the              
          bulk field at about the same time because readings may vary                 
          with time of day (under "How to sample"), which suggests                    
          comparing reference and non-reference readings taken more or                
          less simultaneously.  One of ordinary skill in the art would                
          have been motivated to provide for simultaneous measurement of              
          reference and non-reference in implementing a real-time                     
          system.  However, it is noted that neither claim 18 nor any of              
          the other claims require simultaneous sensing of a reference                
          and a non-reference value: the value of the reference crop                  
          could be measured and stored for comparison and use during the              
          time the non-reference crop is being measured.  The rejection               
          of claim 18 is sustained.                                                   
               Claim 19 depends on claim 18 and recites that the                      
          reference value changes in accordance with a changing standard              
          for a crop.  Appellants argue that this allows different                    
          environmental conditions or growing stages of the crop to be                

                                       - 17 -                                         





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 3, 2007