Ex parte NELSON et al. - Page 2




              Appeal No. 1999-1113                                                                                         
              Application No. 08/888,354                                                                                   


                     1.   A moisture sensor for an agricultural combine having a clean grain                               
                     elevator, the moisture sensor comprising:                                                             
                            a vertically extending chamber mounted to the clean grain elevator,                            
                     the chamber having an upper inlet and a lower outlet, clean grain enters the                          
                     chamber from the clean grain elevator through the inlet and exits the                                 
                     chamber back into the clean grain elevator through the outlet;                                        
                            a capacitance sensing means is positioned in the chamber between                               
                     the outlet and the inlet, the capacitance sensing means senses the                                    
                     capacitance of clean grain in the chamber and provides a capacitance                                  
                     signal that can be related to grain moisture;                                                         
                            a flow control means for controlling the flow of clean grain through the                       
                     chamber.                                                                                              
                     The examiner relies on the following reference:                                                       
                     Oetiker et al. (Oetiker)            4,547,725             Oct. 15, 1985                               
                     Instant claim 7, added by amendment on July 30, 1997, corresponds to claim 1 of                       
              U.S. Patent 5,616,851.                                                                                       
                     Claims 1-6 stand rejected under 35 U.S.C. § 103 as unpatentable over Oetiker.                         
                     Claim 7 stands rejected under 35 U.S.C. § 112, first paragraph, as relying on an                      
              inadequate written description, the examiner taking the position that “[c]laim 7 has no                      
              support in the original specification.”                                                                      
                     Reference is made to the brief and answer for the respective positions of                             
              appellants and the examiner.                                                                                 




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