Appeal No. 2002-2036
Application 09/486,558
tolerated is just one of several factors to be considered and
weighed in the determination of obviousness. As stated, supra,
this teaching does not indicate that 4-aminophenol is banned as a
useful compound in a dye composition; nor has appellants provided
evidence in support thereof. Hence, such a teaching would not
dissuade one of ordinary skill in the art to combine a
diaminopyrazole with p-aminophenol, especially in view of the
fact that Kalopissis teaches that other oxidation bases can be
added to the dye composition of Kalopissis. Furthermore, as
stated in footnote 1, Kalopissis teaches alternatives to
paraphenylenediamine or to a paraaminophenol, such as a
heterocyclic oxidation base such as 2,5-diaminopyridine or 2-
hydroxy-5-aminopyridine, in combination with other oxidation
bases.
Therefore, in view of the above, we determine that the
evidence of obviousness, on balance, outweighs the evidence of
nonobviousness proffered by the appellants. We therefore affirm
the rejection.
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