Appeal 2007-2681
Application 10/680,676
The Specification provides a more detailed description of the Lorenz
curve method (id. at 18-20) and working examples of using this method to
“classify[ ] embryos according to their morphological similarity to normal
zygotic embryos” (id. at 27-30) and likelihood to germinate (id. at 30-32).
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 single metric classification model by
(i) acquiring raw digital image data of reference
samples of whole plant embryos or any portion thereof of known
quantifiable characteristics;
(ii) calculating a metric value from the acquired raw
digital image data of each embryo of known quantifiable characteristics;
(iii) dividing the metric values obtained in step (a)(ii)
into two sets of metric values according to their known quantifiable
characteristics;
(iv) calculating a Lorenz curve from the two sets of
metric values;
(v) using any point on the Lorenz curve calculated in
step (a)(iv) as a threshold value to arrive at a single metric classification
model for classifying plant embryos by their quantifiable characteristics;
(b) acquiring raw digital image data of a whole plant embryo
or any portion thereof of unknown quantifiable characteristics; and
(c) applying the developed single metric 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.
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