Appeal No. 2003-0465
Application No. 09/424,119
have various improvements over conventionally used p-
aminophenols such as improved physiological properties
and the ability to obtain brilliant red shades with a
great depth of color. Clausen also teaches that the
diaminopyrazoles are compatible with conventional
direct dyes, further motivating those skilled in the
art to add such dyes to Lang’s compositions.
Rather than reiterate the respective positions advocated by
the appellants and by the examiner concerning the above noted
rejection, we refer to the brief and reply brief and to the
answer for a complete exposition thereof.
OPINION
We will sustain this rejection for the reasons well stated
in the answer and for the reasons set forth below.
Notwithstanding a complete consideration of the arguments
and evidence advanced by the appellants in their brief and reply
brief, we are convinced that the reference evidence adduced by
the examiner establishes a prima facie case of obviousness within
the meaning of 35 U.S.C. § 103. That is, a prima facie case
exists for concluding that it would have been obvious for one
with ordinary skill in the art to combine the compositions of
Lang and Clausen in the manner and for the reasons thoroughly
discussed by the examiner in order to form a composition
corresponding to that defined by appealed independent claim 18.
As explained by the predecessor of our reviewing court, it is
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