Ex Parte Toland - Page 2

                Appeal 2007-2681                                                                             
                Application 10/680,676                                                                       

                                             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.  Embryos are                                                                        
                      classified by developing a single metric classification model by                       
                      acquiring raw digital image data of reference samples of whole                         
                      plant embryos . . . of known embryo quality. . . . The metric                          
                      values are [calculated and] divided into two sets. . . .  A Lorenz                     
                      curve is calculated from each set of metric values.  A threshold                       
                      value is determined from a point on the Lorenz curve which                             
                      serves as a single metric classification model to classify plant                       
                      embryos by embryo quality.                                                             
                (Id. at 4.)  The classification model developed based on embryos of known                    
                quality is then “applied to the raw image data acquired from plant embryos                   
                of unknown quality in order to classify the quality of the unknown plant                     
                embryo” (id.).                                                                               


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