Appeal No. 2003-0465
Application No. 09/424,119
prima facie obvious to combine two compositions each of which is
taught by the prior art to be useful for the same purpose, as
here, in order to form a third composition which is to be used
for the very same purpose. In re Kerkhoven, 626 F.2d 846, 850,
205 USPQ 1069, 1072 (CCPA 1980). The idea of combining them
flows logically from their having been individually taught in the
prior art. Id.
It is the appellants’ position that the applied prior art
would not have motivated an artisan to combine Lang and Clausen
in the manner proposed by the examiner whereby the para-
aminophenol oxidation base of Lang’s compositions (e.g., the
composition of Example q in column 22) is at least partially
replaced with a diaminopyrazole oxidation base taught by Clausen.
We agree with the examiner, however, that Clausen teaches a
number of advantages with respect to his diaminopyrazole
oxidation bases, any single one of which would have motivated an
artisan to effect the proposed replacement. These advantages
range from avoiding the possibility of para-aminophenol (i.e., 4-
aminophenol) not being physiologically tolerated (e.g., see lines
43-46 in column 1 of Clausen)2 to obtaining the hair coloring
2 According to argument advanced in the reply brief,
“Clausen’s passing statement about the physiologically
tolerability of 4-aminophenol is not supported by any data or
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