Ex parte BIGGS et al. - Page 21




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

          because the standard chlorophyll readings (hence, the amount                
          of nitrogen in the plant) are affected by many factors.  One                
          of ordinary skill in the art would have been motivated by                   
          Peterson to use reference areas of crop to calibrate the                    
          sensors regardless of the type of sensor.  It is noted that                 
          claims 3 and 9 do not require that the physical                             
          characteristics of the reference crop and the non-reference                 
          crop be determined simultaneously.  The physical                            
          characteristic of the reference crop could be measured and                  
          stored and then used for comparison during measurement of the               
          physical characteristics of the non-reference crop (the bulk                
          field).  The rejection of claims 3 and 9 is sustained.                      
               As to claim 7, Appellants merely repeat the limitations                
          of the claim.  This is not an argument.  See 37 CFR                         
          § 1.192(c)(7).  In any case, however, Monson expressly teaches              
          that the sensor can be secured to a tractor drawn real-time                 
          fertilizer application system.  One of ordinary skill in the                
          art seeking to use an electromagnetic sensor as taught by                   
          Demetriades-Shah in a real-time fertilization system would                  
          have been motivated to mount the sensor on a tractor in view                
          of Monson.  Claim 13 is the apparatus counterpart of claim 7                

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