Ex Parte Yoneda et al - Page 2

              Appeal Number: 2006-3176                                                                                 
              Application Number: 10/203,620                                                                           

                  This is a decision on appeal under 35 U.S.C. §134 from the examiner's final                          
              rejection of claims 1 and 3 through 14, which are all of the claims pending in this                      
              application.                                                                                             
                  We REVERSE and ENTER A NEW GROUND OF REJECTION UNDER                                                 
              37 CFR § 41.50(b).                                                                                       
                                                 BACKGROUND                                                            

                  The appellants’ invention relates to an illuminator for plant growth that                            
              illuminates a plant with pulse light from a light emitting diode or continuous light                     
              with varying intensity to accelerate photosynthetic reaction, thereby activating the                     
              plant.  (Spec. 1).    An understanding of the invention can be derived from a                            
              reading of exemplary claim 1, which is reproduced below.                                                 
                    1. An illumination method for plant growth, comprising steps of                                    
                    providing a light source composed of a semiconductor optical device;                               
                    modulating light generated by the light source with a rhythm signal                                
                    extracted from a musical composition produced artificially, and                                    
                    illuminating a plant to be illuminated with the modulated light;                                   
                    wherein said rhythm signal produced artificially indicates sound                                   
                    length, pitch or stress according to a certain musical time or rule.                               

                                                    PRIOR ART                                                          
                  The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                     
              Norifumi   JP  09-275779 Oct. 28, 1997                                                                   
              Ryuichi   JP  10-178899 Jul. 7, 1998                                                                     
              Shinji   JP  08-089084 Apr. 9, 1996                                                                      

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