Appeal No. 2003-0615
Application No. 09/319,165
(col. 2, line 50 - col. 3, line 2). In Tsujino’s examples 5
and 7 the appellants’ first, second, fourth and fifth components
are used in combination. Tsujino does not use the appellants’
coupler in any of the examples.
For the reasons given above regarding Yamahatsu, the
appellants’ claimed invention would have been prima facie obvious
to one of ordinary skill in the art over Tsujino.
Moreover, Tsujino teaches that when hydrogen peroxide is
used as an oxidizing agent in a hair dye composition, “damage of
hair to some degree is inevitable and also skin trouble might be
caused depending on the user” (col. 3, lines 19-21). Tsujino
also teaches that “[a]ccording to the present invention, a good
finish of hair can be obtained while retaining almost the same
dyeing effect as that by using hydrogen peroxide as the oxidizing
agent” (col. 5, lines 43-46). These teachings would have fairly
suggested, to one of ordinary skill in the art, substitution of
Tsujino’s enzyme/donor for Andrillon’s hydrogen peroxide to
provide good hair finish and to reduce the likelihood of hair and
10
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