Patent Interference No. 103,548
TABLE 3B: Color For Permed Grey (90% White) Hair
Cotteret I III III IV
Declaration
Indoline Initial: 4.0Y5.7/1.7 3.5Y5.3/1.7
Oxidize Peroxide Peroxide Oxygen Peroxide
C0 After: 8.3YR2.8/1.5
C1 After: 4.7Y3.8/1.7 3.6Y3.3/1.9
C2 After: 8.9Y3.5/1.6 7.0Y3/1.5
)H(C2-C0) 10.6
)H(C2-C1) 4.2
C4 After: 6.0GY3.4/1.2
)H(C4-C2) 9
We still find the evidence as a whole inconclusive on the question of whether
Lagrange's C2-C4 alkyl N-substituted indolines exhibit unexpectedly improved properties
with respect to the C0-C1 alkyl N-substituted indolines.
Before we get to the "uptake" and "color" results, we make the following
comments about the "selectivity" data (see data in Table 2 supra). Unexpected
improvements in "selectivity" was one of the initial arguments Lagrange made (see
LPM2 and Cotteret declarations I and III) to establish the nonobviousness of its C2-C4
indolines. But that is no longer the case. "Selectivity", based on a comparison of )E
(i.e., indoline uptake) results for permed and natural grey (90% white) hair, is a measure
of the uniformity of the hair coloring (Lagrange Reply 2, paper no. 41, p. 5). Initially, the
results appeared to show that C2 provided a more uniform coloring than C1 (i.e.,
Cotteret Declaration I: the C2 uptake for permed hair was only 6.1% less than for natural
hair, compared with C1 uptake for permed hair which was 23.2% less than for natural
hair). But more recent results contradict that conclusion (Cotteret IV: C2 uptake for
permed hair is 27.8% greater than for natural hair, compared with C1 uptake for permed
hair which was only 19.2% more than for natural hair). While initial results showed C2
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