Patent Interference No. 103,548
"cannot be attributed to the better uptake but essentially to the different color (i.e. darker
as it contains a red component)" (Cotteret III, p. 3). Furthermore, it is argued, their hues
are substantially different38,: "since the difference in hue for the unsubstituted and ethyl
compounds is above 10, the )E values cannot properly be compared to establish a
difference in uptake" (LRB 22). Cotteret Declaration III (see Tables 3A and 3B) shows
that hair dyed with C0 has a different color (e.g., 9.9YR3.2/1.3) than hair dyed with C2
(e.g., 5.6GY4.1/1.2). C0 has a red hue (i.e., "YR"); C1, like C2 and C4, are in the yellow
or green-yellow range (i.e. "Y" or "GY"). This color difference is also shown through
differences in hue (see )H results in Tables 3A and 3B). As indicated in Tables 3A and
3B, the )H difference between C2 and C0, for natural grey hair, is 15.7; for permed grey
hair, it is 10.6. Lagrange insists that one should not compare the uptakes of C2 and C4
with C0. In effect, Lagrange is arguing that, because of differences in color and hue, C0
is nonanalogous. Instead, we are asked to compare the uptake of C2 and C4 with C1.
Lagrange’s C2 and C4 indolines and the C1 indoline have similar color 39 and hue 40.
According to the data (see Table 1A and 1B), the C2 and C4 indolines have better
uptake than C1.
38 “As discussed above, the variations of H, V, C are taken into consideration in the Nickerson equation.
However, the variations are the absolute values of the changes of H, V, C by comparing a non-dyed
strand of hair to a dyed strand. If the colors of two different dyed strands are such that the hues are
similar, i.e., the difference in H is less than 10, it is possible to compare the two )E’s and conclude from
this comparison a difference in uptake since it will not be substantially influenced by the color. On the
contrary, if the colors or hues of the two dyed samples are significantly different, i.e., )H greater than 10,
then the comparison of )E’s will not be usable to determine a different uptake, the only conclusion which
can be drawn will be that the colors are different…” LRB 21-22.
39 As shown in Tables 3A and 3B, C1 (e.g., 8.6Y4.0/0.8) and C2 (e.g., 5.6GY4.1/1.2) appear to have
similar color.
40 As shown in Tables 3A and 3B, the differences in hue are below 10.
41
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