Ex Parte Herzog et al - Page 6



           Appeal 2007-1787                                                                        
           Application 10/742,187                                                                  
                 10. The spreader machine of Anderson includes a product applicator                
           control system 500 which includes, inter alia, a GPS receiver/processor 508 and a       
           FALCONŽ control system 502 (Anderson, col. 7, ll. 57-61).                               
                 11. The control system 502 can be adapted, using algorithmic software, to         
           sense, measure, report and reposition the spinner spreader funnel apparatus 200,        
           on-the-go, in near real-time by way of controlling the movement of the linear           
           actuator arm 204 (Anderson, col. 7, l. 65 to col. 8, l. 2).                             
                 12. Geographic land area reference point data representing specific               
           locations to readjust positioning of the funnel apparatus 200 are entered into a        
           database 512 (Anderson, col. 8, ll. 21-24).                                             
                 13. As the spreader machine traverses the geographic land area to be              
           treated, the control system 500 retrieves and stores speed and position data            
           obtained from the GPS receiver 508 (Anderson, col. 8, ll. 28-30).                       
                 14. At each geographic land area reference point, the control system 200          
           retrieves the current funnel position data as well as the stored crop input map data    
           to determine a new funnel apparatus 200 position for the desired product spreading      
           pattern and/or product delivery rate (Anderson, col. 8, ll. 32-38).                     

                                      PRINCIPLES OF LAW                                            
                 “Section 103 forbids issuance of a patent when ‘the differences between the       
           subject matter sought to be patented and the prior art are such that the subject        
           matter as a whole would have been obvious at the time the invention was made to a       
           person having ordinary skill in the art to which said subject matter pertains.’”  KSR   
           Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007).          
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