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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007