Appeal No. 2003-0615
Application No. 09/319,165
Labs., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989).
Moreover, Andrillon’s teaching that the disclosed coupler,
which preferably is a 2-methyl-5-N-($-hydroxyalkyl)aminophenol,
where the alkyl group has 1-4 carbon atoms, has very great
stability characteristics and, when used in combination with
para-phenylenediamines and para-aminophenols, produces a whole
range of shades (col. 3, lines 7-21), would have fairly
suggested, to one of ordinary skill in the art, selection of
2-methyl-5-N-($-hydroxyalkyl)aminophenol, a para-phenylene-
diamine and a para-aminophenol, in combination, in Yamahatsu’s
dye composition to obtain these benefits.6
The appellants argue that the benefits disclosed by
Andrillon of this coupler/oxidation dye combination are relative
only to the prior art 2-methyl-5-aminophenol coupler mentioned by
Andrillon (col. 1, lines 44-46), which is not among the oxidation
dyes disclosed by Yamahatsu (brief, pages 9-10). We do not find
in Andrillon a teaching that the disclosed benefits of the
coupler are limited to a comparison with the prior art 2-methyl-
5-aminophenol coupler. Instead, Andrillon indicates that good
6 Andrillon does not indicate that these benefits are
limited to use of the coupler/oxidation dye combination with any
particular oxidizing agent, e.g., peroxides or enzymes.
8
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