Appeal No. 2005-0702 Page 3
Application No. 09/443,505
hydroxyethylaminomethyl)phenol and 4-amino-2-fluorophenol, and an addition
salt thereof with an acid; and
(b) a coupler chosen from l,3-bis($-hydroxyethyl) amino-2-methylbenzene
and an addition salt thereof with an acid;
wherein said composition does not include an oxidation base chosen from
pyrimidine, pyrimidine derivatives, 2-$-hydroxyethyl-para-phenylenediamine, an
addition salt thereof with an acid, and 1-5-amino-2- hydroxyphenyl)ethane-
l,2-diol.
OPINION
We affirm substantially for the reasons advanced by the Examiner in the Answer and add
the following primarily for emphasis.
There is no dispute that Lim describes each component of the claimed composition.
What Appellant argues is that the Examiner has provided no evidence that the prior art also
suggests the desirability of the use of the claimed components together (Brief, pp. 6-7). We
disagree.
Lim discloses that “the hair dyeing composition described herein may also contain at
least one other known and usual dye ingredient (i.e., used as primary dye intermediates and/or
couplers), as well as conventional direct-dyes in admixture, should these substances be necessary
or desired for the development and production of certain color nuances and tints.” (Lim, col. 4, l.
67 to col. 5, l. 6). Lim then lists illustrative component dye ingredients that are suitable for use
(Lim, col. 5, ll. 7-11). Among those listed are four of the substituted para-aminophenols recited
in claim 1 (Lim, col. 5, 32-38) and 2, 6-bis(hydroxyethylamino)toluene (Lim, col. 6, l. 24) which
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