Appeal 2006-2786
Application 10/240,329
(i.e., a light sensing means)). Because both sensing means are the same they
must sense the same property (i.e., transparency of the milk). Accordingly,
we find that Petterson’s sensing means for detecting the presence of blood or
clots performs this function by detecting a change in transparency.
Moreover, Appellants state that milk transparency varies with the “fat
and protein content” of the milk (Br. 10). Thus, changes in protein and fat
content will affect the transparency of the milk. Blood and clots contain
protein1 such that the additional protein added to the milk by the blood and
clots would affect the transparency of the milk and would be sensed by the
sensing means (i.e., light emitting diodes). Therefore, Petterson’s detection
of blood and clots involves measuring the transparency of the milk. For
these reasons, we find that Petterson discloses sensing the transparency of
the milk.
Petterson further discloses that the sensing means 36 (i.e.,
transparency sensor) sends a signal regarding milk quality to control unit 14,
which controls three-way valve 37 (i.e., “means operable to divert foremilk
away from a milk line” (claim 1)) to send the milk to either a waste tank 22
or milk tank 20 depending upon the signal from the sensing means 36
(Petterson, 6, l. 14 to 7, l. 1-15). Therefore, contrary to Appellants’
arguments, Petterson discloses using transparency to determine milk quality
and, based upon the transparency measured, where the milk should be sent
(i.e., the waste tank or milk tank).
Regarding Appellants’ argument that Petterson does not distinguish
between foremilk and “normal milk” (Br. 8), we understand Petterson’s
1 Hawley’s Condensed Chemical Dictionary, 12th Ed., “blood,” p. 157, ©
1993.
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