Appeal No. 1999-1101
Application 08/727,125
reflection" appears to be a property of the crop, the
reference crop in Peterson inherently has this property. The
rejection of claim 21 is sustained.
Claims 3, 7, 9, and 13
Independent method claim 3 recites a crop having a
non-reference area and a reference area, measuring the
physical characteristics of the reference crop and
non-reference crop, and controlling fertilizer application in
real time based on a comparison of the reference and
non-reference crop physical characteristics. Independent
apparatus claim 9 contains corresponding means-plus-function
limitations. Thus, claims 3 and 9 differ from claim 1 in
requiring the comparison of physical characteristics of a
reference crop.
Appellants rely on the same arguments as made with
respect to claim 1 (Br18). We refer to our discussion of
claim 1 for a response to these arguments. Appellants do not
argue the reference crop limitations. Nevertheless, Peterson
expressly discloses that the need for additional nitrogen
should be determined by comparing readings of reference strips
of crop and non-reference areas of the crop (the bulk field)
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