Ex Parte Toland - Page 4

                Appeal 2007-2681                                                                             
                Application 10/680,676                                                                       

                            14. The method according to 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 “single metric classification model” for                      
                classifying other plant embryos.  That is, the known samples are used to                     
                determine a “metric value” of known characteristics.  The metric values are                  
                then used to calculate a Lorenz curve, which is used to determine a threshold                
                value “to arrive at a single metric classification model.”                                   
                      After a single metric classification model has been generated, it is                   
                applied to digital images of a plant embryo of unknown characteristics, in                   
                order to classify the unknown embryo “according to its presumed                              
                quantifiable characteristics”; i.e., the unknown embryo is classified as                     
                similar to or dissimilar from the embryos in the training set.  (Spec. 8: 17-18              
                (“Unclassified embryos are classified as acceptable or not based on how                      
                close images of the unclassified embryos fit to the classification model                     
                developed from the training set groups.”)).                                                  
                      Claim 14 specifies that the “quantifiable characteristics” can be                      
                conversion potential (i.e., likelihood to germinate; Spec. 7: 13-15);                        
                resistance to pathogens, drought, heat, or cold; salt tolerance; preference for              
                light quality; or suitability to long-term storage (i.e., storage of the embryos             
                themselves; Spec. 7: 18).  These characteristics are referred to generically as              
                “plant embryo quality” in the Specification (id. at 7: 15-18).                               



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