Ex parte BIGGS et al. - Page 23




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

          Peterson with its hand-held meter does not cure the problem                 
          and Demetriades-Shah teaches away from a solution (Br20).                   
               Monson teaches securement of the measurement sensor to                 
          the moving irrigation device, a tractor in Monson's case, to                
          provide a real-time irrigation system.  Manifestly, for a                   
          real-time fertilization system, such as Monson, it is                       
          necessary for the sensor to travel along with the                           
          fertilization means so that the fertilizer can be applied                   
          based on the measured characteristic.  Monson would have                    
          suggested to one of ordinary skill in the art to secure the                 
          sensor to the fertilization means in any real-time                          
          fertilization system.  Wolfe teaches a center pivot irrigation              
          system which could be used for fertilization (fertigation) and              
          we agree with the Examiner that it would have been obvious to               
          attach a measurement sensor to such a system.  In addition,                 
          however, Peterson discloses applying nitrogen fertilizer                    
          through the irrigation system (fertigation) which is generally              
          limited to center pivot or lateral move sprinkler systems                   
          (second page, first para.).  Peterson discloses fertilization               
          based on the physical characteristics of the plant and                      
          suggests the use of remote sensing instead of a hand-held                   

                                       - 23 -                                         





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next 

Last modified: November 3, 2007