Patent Interference No. 103,548
· 5,6-dihydroxindoline.
Grollier '500 patent discloses:
· N-hydrogen and C1-C5 alkyl N-substituted indoles (spec., col. 3, lines 20-
21).
· indoles are useful for dyeing hair.
French '797 patent discloses:
· monohydroxyindolines;
· N-ethyl-4-hydroxyindoline hydrobromide; and,
· monohydroxyindolines are useful for dyeing hair.
Level of Ordinary Skill in the Art
· The parties agree that a person of ordinary skill in the art is one who
formulates cosmetic products. LB 17 and KOB 6, paragraph 8. Accordingly,
the level of ordinary skill is that of the ordinary chemist.
Differences Between Lagrange Claims and Prior Art
· There is no difference between dihydroxyindoline oxidation dyes
encompassed by Konrad's claims and those of the Lagrange patent/reissue
claims when R' is defined as an alkyl substituent:
H2
HO
H2
HO N
R'
· The only difference between the compounds claimed by Lagrange and
Konrad is that Lagrange's compounds are C2-C4 alkyl N-substituted indolines
while Konrad teaches C1 alkyl N-substituted indolines.
· Grollier teaches indole direct dyes of the following structure:
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