Patent Interference No. 103,548
R3
R4O
R2
R5O N
R1
where R1 can be hydrogen or a lower alkyl when R2, R3, R4 and R5 can be
hydrogen (see column 2, line 49 to column 3, line 19).
· FR ‘797 teaches monohydroxyindoline oxidation dye couplersof the following
structure:
R1 X1
R2
X2 N
R
where R and R2 can be hydrogen or lower alkyl; R1 can be hydrogen, lower
alkyl, or lower alkoxy; one of X1 and X2 is hydroxy and the other is hydrogen;
and R1 is hydrogen when X2 is not hydrogen (see page 1, lines 21-38).
Discussion: The Prima Facie Case
There is no dispute that dihydroxyindoline oxidation dyes were known.
Furthermore, while Konrad does not explicitly claim C1 alkyl N-substituted indolines,
Konrad claim 7, for example, does present a subgenus of indolines that covers four
compounds31 (LB 31). The narrowness of the scope of the claim 7 compounds would
31 According to Konrad, claim 7 covers four compounds - one where R1, R2, R3, R4 and R5 are all
hydrogen, and three where R1, R2 and R3 may be a methyl group (KOB 22). Claim 7 actually recites
"indolines ... when the groups R1, R2, R3, R4 and R5 are hydrogen, except that one of the groups R1, R2
and R3 may be a methyl group." From our reading of this claim, R1, R2, R3, R4 and R5 cannot all be
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