LAGRANGE et al v. KONRAD et al - Page 34




             Patent Interference No. 103,548                                                                       
                       40); the Munsell system has been used by L (L’Oreal) for 30 years (paper no.                
                       64, paragraph 41); Hoffkes uses CIELAB-System based on colorimetric                         
                       measurement – Cotteret Declaration IV shows results in Munsell or CIELAB                    
                       (paper no. 64, paragraph 42); Cotteret Declaration V, which shows improved                  
                       uptake with iodide/hydrogen peroxide system, uses CIELAB (paper no. 64,                     
                       paragraph 43).                                                                              
             9. What is the significance of a difference in )E from one dyed hair to another dyed                  
                hair?                                                                                              
                · Lagrange (paper no. 60, page 4): the difference in )E represents the difference                  
                    in uptake (see Cotteret Declaration IV; L’s Exhibit 5, p. 6).                                  
             10.  Where is the supposedly unexpected result said to be obtained with the C2-C4                     
                compounds made known in Lagrange '637?                                                             
                · Lagrange: C2-C4 are not shown in Lagrange '637 but mentioned as new (col. 2,                     
                    lines 30-32) and preferred (col. 1, lines 64-68); C0 is red and C2/C4 are                      
                    blue/green and so suited for blonde hair (paper no.60, p.5).                                   
             11.  What is the significance of “less selective”?                                                    
                · Lagrange: if a dye is selective hair will not be uniformly colored; less selective               
                    means more uniform color (paper no. 60, p.5).                                                  
             12.  What is significance of )H?                                                                      
                · Lagrange:  )H signifies change in color or shade (paper no. 60, p.6).                            
             13.  Is the Munsell notation an industry standard for measuring color?                                
                · Lagrange: yes (paper no. 60, p.6).                                                               
                · Konrad: )E is not a standard in Germany but used in textiles and then adopted                    
                    for hair (Hoffkes Declaration 3, paper no. 65).                                                
             14.  Is there a publication which explains the Munsell notation and its significance?                 
                · Lagrange: several documents (Lagrange’s Exh. 6-12) are provided.                                 
                · Konrad: see Hoffkes Declaration 3, paper no. 65.                                                 
             15.  Why was a composition different from the composition used by Cotteret used to test               
                the Hoffkes’ dihydroxyindolines?                                                                   
                · Konrad: Because it was done in 1993 before the work conducted by Cotteret; the                   
                    experiments in Hoffkes Declaration 1 were not motivated by Cotteret’s work                     
                    (Hoffkes Declaration 3, paper no. 65).                                                         
             16. Why are the Hoffkes results not reported in terms of in )E and )H in the same                     
                manner that Cotteret reported his results?                                                         



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