Ex Parte Birk et al - Page 3

               Appeal 2006-2786                                                                             
               Application 10/240,329                                                                       

               the signal produced by the optical sensing means and detects a                               
               predetermined change in the transparency sensed by the optical sensing                       
               means, the control means operating the flow directing device to terminate                    
               the flow of milk into the branch line and to direct the milk to flow through                 
               the main milk line in response to the predetermined change in the milk                       
               transparency being detected.                                                                 
                      15. An automatic milking method in which premilking is performed to                   
               remove foremilk prior to a main milking stage, wherein transparency of the                   
               milk is sensed at least during an initial period of the main milking stage and               
               therefrom it is determined whether premilking was carried out correctly.                     
                      19. An automatic milking apparatus comprising means for premilking                    
               a teat from an udder, a teat cup for attachment to the teat after premilking for             
               carrying out a main milking stage in which milk extracted by the teat cup is                 
               conducted through a milk line to a container, and a transparency sensing                     
               means for sensing the transparency of the milk extracted from the teat by the                
               teat cup, wherein the transparency sensing means produces a signal                           
               dependent on the milk transparency, and a control device is provided to                      
               receive the signal produced by the transparency sensing means and detect a                   
               predetermined change in the transparency sensed by the transparency                          
               sensing means whereby the transparency falls initially and then rises at the                 
               beginning of milk extraction during the main milking stage, and wherein a                    
               means controlled by the control device is provided to interrupt delivery of                  
               milk to the container in response to the predetermined change in                             
               transparency detected by the control device.                                                 
                                                                                                           
                      The Examiner relies on the following prior art references as evidence                 
               of unpatentability:                                                                          
               Tamas   US 4,190,020  Feb. 26, 1980                                                          
               Brayer   US 5,116,119  May 26, 1992                                                          
               Petterson   WO 99/31966  Jul. 1, 1999                                                        
                                                                                                           
                      The rejections as presented by the Examiner are as follows:                           



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