Patent Interference No. 103,548
1. Why is Cotteret's showing of C2 sufficient to carry the entire subgenus of C2-C4?
· Lagrange (paper no. 60, page 2): see Cotteret Declaration IV (Lagrange’s Exhibit
5; paper no.61) where tests involving C2 and C4 are now additionally provided
and compared to C1.
2. What is the experimental error inherent in the tests conducted by Cotteret and
Hoffkes?
· Lagrange (paper no. 60, page 2): see Cotteret Declaration IV (Lagrange’s Exhibit
5; paper no.61, pp. 5-6): "The mean experimental error in the tests carried out
was about 0.5 units for )E. The limit of perception of a difference in uptake is
around 1.6 units for )E, a difference in )E above 2 is therefore significantly
different. ... Concerning dH, a difference of 0.25 units is perceptible, a difference
in dH of more than 1 unit is therefore significantly different.";
· Konrad: None – it is based on a visual test; experiments were carried out with 2 g
of composition and hair strands of 1 g and exposed to the composition and
atmospheric oxygen for 45’, evaluation of uptake was done visually; Munsell )E
values would have been above 2 because 2 or less can not be seen (see Hoffkes
Declaration 3, paper no.65).
· Lagrange: Konrad's response confirms that Hoffkes’ testing is subjective.
Also, that )E must be 2 or above is not supported by tests (paper no.66,
paragraphs 37-38); also, Lagrange disagrees that there is no error in this
visual test; it is known that subjective appreciation depends on light source,
observer, size, background, direction; visual assessment is less precise than
spectrophotometer; in these tests the error is around 0.5; the Munsell
determination is no longer based on visual comparison – it is based on
colorimetric measurement as with CIELAB (see Cotteret Declaration IV);
Lagrange is currently using Munsell notation (see p.3-13 of attachment 5;
Cotteret Declaration V, 1.).
· Konrad: there is no experimental error in Hoffkes' visual tests since a
colorimetric test would not give different results; Hoffkes has given an
estimation of experimental error by saying that )E of 2 or less is not visible
to the naked eye; colorimetric measurements are more reliable when the
difference to be evaluated is less than )E=2; the colorimetric
measurements are not more reliable where the difference can be easily
perceived by the naked eye; it is easy to tell from the samples that there is
extensive color difference (see Hoffkes Declaration V, paper no.75, p.3]
3. Why did Cotteret and Hoffkes not submit samples of the hair (normal and permed)
before and after dyeing?
· Lagrange indicates (paper no. 60, page 2-3) that no samples are submitted
because color may not be stable over time and the best comparison is made by
way of a spectrophotometer.
· Konrad: samples of dyed natural grey hair were given – not permed; they are 4
years old, so shades have faded (Hoffkes Declaration 3, paper no.65)
32
Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: November 3, 2007