Ex Parte Birk et al - Page 2

               Appeal 2006-2786                                                                             
               Application 10/240,329                                                                       

               method and apparatus senses the transparency of the milk to electromagnetic                  
               radiation to determine when the transition from foremilk to good quality                     
               milk occurs (Specification 2-3).  Once the transition from foremilk to good                  
               quality milk is sensed, a controller regulates a valve to switch the milk flow               
               from a waste milk container for the foremilk to a collection vessel for the                  
               good milk (Specification 3).                                                                 
                      Claims 1, 4, 5, 9, 15, and 19 are illustrative:                                       
                      1.  A method of separating foremilk in an automatic milking process,                  
               comprising controlling a means operable to divert foremilk away from a                       
               milk line in accordance with a sensed optical property of the milk whereby                   
               the amount of foremilk separated is dependent upon the sensed optical                        
               property, the sensed optical property being transparency of the milk to                      
               electromagnetic radiation.                                                                   
                      4. A method according to claim 1, wherein separation of the foremilk                  
               is terminated upon the sensed milk transparency rising after the milk opacity                
               reaches an initial peak after the start of milking.                                          
                      5. A method of milking an animal wherein milk extracted from a teat                   
               of an animal is directed along a milk path to a container, an initial portion of             
               the milk extracted from the teat being diverted from the milk path, an optical               
               property of the milk extracted from the teat is sensed, the sensed optical                   
               property being the transparency of the milk to electromagnetic radiation, and                
               the diversion of the initial milk flow from the milk path leading to the                     
               container is controlled in dependence upon the sensed optical transparency.                  
                      9. An apparatus for the automatic milking of animals comprising a                     
               teat cup connected to a main milk line through which milk extracted from a                   
               teat is conveyed, a device for directing milk to flow through the main milk                  
               line or to a branch line, control means for controlling the device so that an                
               initial amount of milk extracted from a teat is directed into the branch line,               
               and an optical sensing means for sensing an optical property of the milk                     
               upstream of the flow directing device, wherein the optical sensing means                     
               comprises a device that senses the transparency of the milk and produces a                   
               signal dependent on the milk transparency, and the control means receives                    

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