Appeal No. 96-0419
Application No. 07/928,063
% chlorophyll for a time sufficient to reform cystine bridge bonds in the hair’s keratin (oxidizing step)
before removing the rods and washing and drying the “permed” hair (pages 1-5). Addition of
chlorophyll to oxidizing liquid No. 2 helps restore hair to its original condition prior to the permanent
wave treatment and helps maintain the waves with color, gloss and springiness for a longer time (pages
4-5).
Merck discloses chlorophyll and derivatives thereof, e.g., chlorophylls a through d and
chlorophyllins. Chlorophyllins are water soluble salts obtained by alkaline hydrolysis of chlorophyll
wherein methyl and phytyl ester groups of chlorophyll are replaced by Na and K.
The examiner relies on Merck’s disclosure “that chlorophyll may be converted to its salt form for
purposes of increasing solubility” (Answer, sentence bridging pages 2-3).
Acknowledging that Amari adds chlorophyll to liquid No. 2 containing the oxidizing
agent rather than to liquid No. 1 containing the reducing agent, the examiner concludes that it would
have been obvious to one skilled in the art to add chlorophyll to liquid No. 1 as part of the reducing
step to obtain the same conditioning, waving effects because all components of the waving solutions are
applied to the hair within the same time frame, because additives, e.g., conditioning agents, are
conventionally added to waving solutions, and because both the reducing step and the oxidizing step
damage hair (Answer, pages 3 and 6).
However, since liquid No. 1 containing the reducing agent is rinsed out of the hair prior
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