Ex Parte Birk et al - Page 5

               Appeal 2006-2786                                                                             
               Application 10/240,329                                                                       

               separating foremilk, rather, Petterson senses whether milk, be it foremilk or                
               normal milk, has blood or clots and then discards the milk if it does contain                
               blood or clots or sends it to the collection vessel if it does not contain blood             
               or clots (Br. 7-8).  Appellants further argue that Petterson’s embodiment of                 
               Figures 7 and 8 does not show “means operable to divert foremilk away                        
               from a milk line” (Br. 8)                                                                    
                      We cannot agree with Appellants’ arguments for the reasons                            
               discussed below.                                                                             
                      Petterson discloses a method and apparatus for sensing milk quality to                
               ensure that “no foremilk or milk not suitable for human consumption comes                    
               into the milk line system including the milk tank” (Petterson 6, ll. 19-22;                  
               Figure 1).  Petterson describes Figure 1 as “. . . an apparatus for separation,              
               analysing and taking care of foremilk according to the invention” (Petterson                 
               4).  To ensure that “no foremilk” comes into the milk tank or milk line,                     
               Petterson uses sensing means 36 to analyze the milk quality and send a                       
               signal to control unit 14 (Petterson 6-7).  The control unit 14 controls valve               
               device 32 and three-way valve 37 depending upon the milk quality sensed                      
               by sensing means 36 (Petterson 7).  Petterson’s sensing means 36 may be                      
               “light emitting diodes (LED), light sensing means, infrared detectors and                    
               video systems. . .” (Petterson 11).                                                          
                      Appellants disclose that the sensing means used in their method and                   
               apparatus for separating foremilk includes “a light source, such as a light                  
               omitting [sic emitting] diode and a photosensitive component, e.g. a                         
               phototransistor” (Specification 3).                                                          
                      Therefore, Petterson’s sensing means are the same as Appellants’                      
               sensing means (i.e., a light emitting diode and a photosensitive component                   

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