Appeal No. 2003-0465
Application No. 09/424,119
one 3-aminopyridine derivative as a direct dye chosen from
compounds having a particular formula. This appealed subject
matter is adequately illustrated by independent claim 18, a copy
of which taken from the appellants’ brief is appended to this
decision.
The references set forth below are relied upon by the
examiner as evidence of obviousness:
Lang 4,025,301 May 24, 1977
Clausen et al. (Clausen) 5,061,289 Oct. 29, 1991
All of the claims on appeal stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Lang in view of Clausen.1 On
page 4 of the answer, the examiner expresses his obviousness
conclusion as follows:
It would have been obvious to one of ordinary
skill in the art at the time the invention was made to
at least partially substitute the p-aminophenol
oxidation bases in the compositions and processes of
Lang (which use direct dyes of formula (1) as claimed),
resulting in dyeing compositions and processes as
claimed, because Lang does not require any specific
oxidation dyes for use in the patentee’s compositions,
and Clausen teaches that the claimed diaminopyrazoles
1 Notwithstanding the contrary indication on page 5 of the
brief, the appealed claims will stand or fall together for the
reasons explained by the examiner on page 2 of the answer which
reasons have not been contested by the appellants in their brief
filed November 25, 2002 in reply to the answer. Accordingly, in
assessing the merits of the rejection before us, we will focus on
independent claim 18 as representative of the here rejected
claims. See 37 CFR § 1.192(c)(7)(8)(2001).
2
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