Appeal No. 2005-0702 Page 2
Application No. 09/443,505
INTRODUCTION
The claims are rejected under 35 U.S.C. § 103(a). As evidence of obviousness, the
Examiner relies upon the following prior art references:
Clausen et al. (Clausen) 4,997,451 Mar. 05, 1991
Akram et al. (Akram) 5,230,710 Jul. 27, 1993
Lim et al. (Lim) 6,074,438 Jun. 13, 2000
(filed Mar. 03, 1998)
Specifically, claims 1-3 and 5-18 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Lim in view of Akram and also over those references further in view of
Clausen.
Appellant states that the claims stand or fall together (Brief, p. 4). We select claim 1 to
represent the issues on appeal. Claim 1 is directed to a composition containing at least one
oxidation base and a coupler. The oxidation base is limited to one selected from a list of
substituted para-aminophenols. The coupler is limited to 1, 3 bis($-hydroxyethyl)amino-2-
methylbenzene and an addition salt thereof. The claim excludes certain oxidation bases. Claim
1 reads as follows:
1. A composition for the oxidation dyeing of keratin fibres comprising, in a
medium which is suitable for dyeing:
(a) at least one oxidation base chosen from 4-amino-3-methylphenol,
4-amino-3-fluorophenol, 4-amino-3-hydroxymethylphenol, 4-amino-2-
methylphenol, 4-amino-2-hydroxymethylphenol,
4-amino-2-methoxymethylphenol, 4-amino-2-aminomethylphenol, 4-amino-2-($-
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