Ex Parte Timmis et al - Page 3

                 Appeal  2007-0862                                                                                     
                 Application  10/680,675                                                                               

                                                   DISCUSSION                                                          
                 1.  CLAIMS                                                                                            
                        Claims 1-14 are pending and on appeal.  The claims have not been                               
                 argued separately and therefore stand or fall together.  37 C.F.R.                                    
                 § 41.37(c)(1)(vii).  We will focus on claims 1 and 14, which read as follows:                         
                        1. A method for classifying plant embryos according to                                         
                        their quantifiable characteristics, comprising:                                                
                               (a) developing a classification model by                                                
                                      (i) acquiring raw digital image data of                                          
                        reference samples of whole plant embryos or of embryo organs of                                
                        known quantifiable characteristics;                                                            
                                      (ii) performing a data analysis by applying                                      
                        one or more classification algorithms to the acquired raw digital                              
                        image data, wherein at least one of the classification algorithms uses                         
                        more than an embryo perimeter from the acquired raw digital image                              
                        data, the data analysis resulting in development of a classification                           
                        model for classifying plant embryos by their quantifiable                                      
                        characteristics;                                                                               
                               (b) acquiring raw digital image data of a plant                                         
                        embryo or a plant embryo organ of unknown quantifiable                                         
                        characteristics; and                                                                           
                               (c) applying the developed classification model to                                      
                        the raw digital image data of step (b) in order to classify the plant                          
                        embryo of unknown quantifiable characteristics according to its                                
                        presumed quantifiable characteristics.                                                         
                        14. The method of Claim 1 wherein the quantifiable                                             
                        characteristics comprise conversion potential, resistance to pathogens,                        
                        drought resistance, heat resistance, cold resistance, salt tolerance,                          
                        preference for light quality, or suitability for long-term storage.                            
                        Thus, claim 1 is directed to an automated method for classifying plant                         
                 embryos.  Digital images of plant embryos having known characteristics are                            
                 analyzed and used to develop a “classification model” for classifying other                           


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