Appeal No. 2003-0465
Application No. 09/424,119
combination with the diaminopyrazole oxidation bases. For this
reason, we share the examiner’s position that the artisan would
have considered patentee’s disclosure of conventional direct-
dyeing dyestuffs as suggesting direct dyes which are
conventionally used in combination with oxidation bases such as
the direct dyes of Lang.
As indicated earlier, we have fully considered the arguments
and evidence advanced in the brief and reply brief including, for
example, such arguments as the appellants’ contention that the
applied references actually teach away from the combination
proposed by the examiner and their contention that the examiner’s
proposed combination is the result of improper picking and
choosing certain reference teachings while ignoring others. We
discern no convincing merit in such argument or evidence for the
reasons adequately expressed in the answer.
Under the circumstances set forth above and in the answer,
it is our determination that the applied references evince a
prima facie case of obviousness which the appellants have not
successfully rebutted with argument or evidence of
nonobviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992). It follows that we will sustain the
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