Ex parte BIGGS et al. - Page 18




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

          taken into consideration, but do not address the teachings of               
          the references (Br17).  Peterson discloses that the measured                
          value of chlorophyll (and, hence, the amount of nitrogen in                 
          the plant) for an adequately fertilized crop in the reference               
          strips (the standard for a crop) changes in response to crop                
          and environmental conditions which is the reason for reference              
          strips to calibrate the bulk field readings (paragraph above                
          "Field Use of the Chlorophyll Meter" and under "Establishing                
          Reference Strips").  Thus, Peterson teaches that the reference              
          value changes in accordance with a changing standard for the                
          crop.  The rejection of claim 19 is sustained.                              
               Claim 20 depends on claim 19 and recites that the                      
          changing standard is electromagnetic radiation affected by a                
          reference crop in the same stage of growth.  Appellants argue               
          that this requires that electromagnetic radiation must be                   
          affected by different stages of growth, but do not address the              
          teachings of the references (Br17).  Peterson discloses that                
          the amount of measured chlorophyll (hence, the amount of                    
          nitrogen in the plant) is affected by environmental conditions              
          and discloses the use of reference strips of crops in the same              
          stage of growth as a changing standard for chlorophyll                      

                                       - 18 -                                         





Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next 

Last modified: November 3, 2007