Ex parte BIGGS et al. - Page 19




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

          measurement.  One of ordinary skill in the art would have been              
          motivated to measure electromagnetic radiation to remotely                  
          sense the amount of chlorophyll in view of Demetriades-Shah.                
          The rejection of claim 20 is sustained.                                     
               Claim 21 depends on claim 19 and recites that the                      
          changing standard includes a changing background reflection.                
          Appellants argue that there is no contemplation in the                      
          references in dealing with the difficulty of background                     
          reflections which are strong and disturbing in making the                   
          measurements (Br18).  We do not find any disclosure in the                  
          specification about what is meant by "a changing background                 
          reflection."  If background reflection is intended to refer to              
          soil reflection, which changes as the crop biomass (fractional              
          cover) increases, then Demetriades-Shah discloses that                      
          vertically downward-looking measurements can be used to                     
          provide a good correlation between crop growth and chlorophyll              
          per unit ground area (pp. 1051, 1055).  Demetriades-Shah                    
          teaches that either a vertically downward-looking or oblique-               
          looking sensor can be used; each provides correlation to a                  
          different characteristics of the crop.  In any case, since                  
          "the changing standard includes a changing background                       

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