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 NextLast modified: November 3, 2007