Ex Parte DE LA METTRIE et al - Page 9




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


          color stability to washing, light and weather is a characteristic           
          of the coupler (col. 3, lines 4-10).  Hence, Andrillon would have           
          fairly suggested, to one of ordinary skill in the art, obtaining            
          color stability in Yamahatsu’s dye composition by using, in                 
          combination, 2-methyl-5-N-($-hydroxyalkyl)aminophenol, a para-              
          phenylenediamine and a para-aminophenol.                                    
               For the above reasons we conclude that the appellants’                 
          claimed invention would have been obvious to one of ordinary                
          skill in the art over Yamahatsu in view of Andrillon.                       
                     Rejection over Andrillon in view of Tsujino                      
               Tsujino discloses a hair dye composition comprising a                  
          dielectron reducing oxidase enzyme, a donor for the enzyme, and             
          an ordinary oxidation dye (col. 1, lines 49-54; col. 2, lines 4-            
          10 and 45-46).  The disclosed oxidation dyes include a number of            
          para-phenylenediamines and addition salts thereof (the                      
          appellants’ first oxidation base), a number of para-aminophenols            
          and acid addition salts thereof (the appellants’ second oxidation           
          base), and 5-(2-hydroxyethylamino)-2-methylphenol (the                      
          appellants’ coupler, 2-methyl-5-N-($-hydroxyethyl)aminophenol)              






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