Ex Parte DE LA METTRIE et al - Page 4




          Appeal No. 2003-0615                                                        
          Application No. 09/319,165                                                  


          composition comprising uricase (a dielectron reducing oxidase),             
          uric acid or a salt thereof (a donor for the uricase), an                   
          oxidation dye, and an optional reducing agent (page 2, lines 25-            
          29 and 37-40).  The disclosed oxidation dyes include a number of            
          para-phenylenediamines and addition salts thereof (the                      
          appellants’ first oxidation base), a number of para-aminophenols            
          and acid addition salts thereof (the appellants’ second oxidation           
          base), and 5-(2-hydroxyethylamino)-2-methylphenol (the                      
          appellants’ coupler, 2-methyl-5-N-($-hydroxyethyl)aminophenol)              
          (page 3, lines 3-15).4  In experiments 1 and 3-5, and examples 1,           
          4, 5, 7 and 9, p-phenylenediamine, p-aminophenol, uricase, and              
          uric acid or an acid addition salt thereof are used in                      
          combination.  The appellants’ coupler is not used in any example,           
          and is not among the preferred oxidation dyes (page 3, lines 21-            
          23).                                                                        
               Andrillon discloses a composition for the oxidation dyeing             
          of keratin fibers, particularly human hair, comprising 1) a                 
          coupler, which preferably is a 2-methyl-5-N-($-hydroxyalkyl)-               




               4 As pointed out by the appellants, “[t]he term ‘oxidation             
          dye’ is a generic term for both oxidation dyes and couplers”                
          (brief, page 5).                                                            
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