Ex Parte Timmis et al - Page 2

                 Appeal  2007-0862                                                                                     
                 Application  10/680,675                                                                               

                                                 BACKGROUND                                                            
                        “Reproduction of selected plant varieties by tissue culture has been a                         
                 commercial success for many years” (Specification 1).  The predominant                                
                 approach to conifer tissue culture is somatic embryogenesis, a process in                             
                 which                                                                                                 
                        an explant, usually a seed or seed embryo, is placed on an                                     
                        initiation  medium  where  it  multiplies  into  a  multitude  of                              
                        genetically  identical  immature  embryos. . . . [T]he  immature                               
                        embryos are placed on a development or maturation medium                                       
                        where they grow into somatic analogs of mature seed embryos.                                   
                        These embryos are then individually selected and placed on a                                   
                        germination medium for further development.                                                    
                 (Id.)  “[T]he selection from the maturation medium of individual embryos                              
                 suitable for germination . . . is a skilled yet tedious job that is time                              
                 consuming and expensive” (id. at 2).                                                                  
                        The Specification discloses a method for automated sorting of                                  
                 embryos.  The method is “based on classification of plant embryos by the                              
                 application of classification algorithms to digitized images and absorption,                          
                 transmittance, or reflectance spectra of the embryos” (id. at 3).                                     
                        The method first develops a classification model by acquiring                                  
                        raw digital image data of reference samples of plant embryos of                                
                        known embryo quality. . . . Data analysis is performed . . .                                   
                        using  one  or  more  classification  algorithms  to  develop  a                               
                        classification model for classifying plant embryos by embryo                                   
                        quality. . . . Raw digital image data of plant embryos of                                      
                        unknown  embryo  quality  is  then  acquired  using  the  same                                 
                        methods . . . [and] analyzed using classification algorithms used                              
                        to  develop  the  classification  model  in  order  to  classify  the                          
                        quality of the plant embryo of unknown quality.                                                
                 (Id. at 3-4.)                                                                                         


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