Patent Interference No. 103,548
· Lagrange: this confirms that color of samples have faded (paper no.66,
paragraph 39); also, along with the decomposition of their 1992-3 samples,
this confirms that the samples are unstable and the hair samples cannot be
relied on; this justifies the use of Munsell system with objective
spectrophotometer; the color was determined by using a spectrophotometer
in connection with all tests – this is the method used for many years and the
most reliable way to objectively compare two colors (Cotteret Declaration V,
2.)
· Konrad: instability of dyes that are old is not a reason for using
spectrophotometer because faded and decomposed dyes will not give
accurate readings no matter what evaluates it [paper no.75, Hoffkes
Declaration 5, p.2]
4. Reproduction of Cotteret tests; i.e., what were the actual ingredients, e.g., which
fatty alcohol?
· Lagrange responds (paper no. 60, page 3) by directing our attention to Cotteret
Declaration IV (Lagrange’s Exhibit 5; paper no.61, pp. 3-4) where the ingredients
are identified.
5. How did Cotteret determine H, V, C?
· Lagrange responds (paper no. 60, page 3) by directing attention to Cotteret
Declaration IV (Lagrange’s Exhibit 5; paper no.61, p. 5) where the Munsell
notation (HV/C) is defined.
6. Copy of Journal of Optical is requested and Cotteret may discuss H, V, C.
· Lagrange responds (paper no. 60, page 4) with Exhibits 6 and 7. Lagrange
Exhibit 5 discusses H, V, and C (see supra).
7. What is the significance of )E?
· Lagrange (paper no. 60, page 4): it represents the total deviation of the color
(paper no. 60, p.4).
8. Does Konrad show the relevance of the )E test? Is the )E test a standard test used
in industry?
· Konrad: Munsell system is a visual comparison with colored paper; )E is based
on the Nickerson equation but based on subjective comparison of colors;
differences between Cotteret I and Hoffkes I are not because of different
methods of evaluation but because Cotteret used hydrogen peroxide and Hoffkes
used atmospheric oxygen; Munsell )E gives false impression that it is more
reliable since it uses a visible comparison of hair with colored paper – and so it is
less reliable than comparing two colored hair strands (Hoffkes Declaration 3,
paper no. 65).
· Lagrange: no, Lagrange no longer uses visual comparison but a
spectrophotometer – see Cotteret Declaration IV (paper no. 66, paragraph
33
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