Appeal No. 2003-0615
Application No. 09/319,165
Tsujino’s table 1 shows that in the two experiments in which
hydrogen peroxide is used (1-12 and 1-13) the dyeing effect
rating is the best rating (“thick dark brown color”) and the
finish of hair rating is the worst rating (“softness is lost and
also combing is inferior”) (col. 4, lines 48-59). In the
examples in which the enzyme is used the dyeing effect rating is
the best rating (“thick dark brown color”) in seven of the
examples, (1-3 and 1-5 to 1-10), the second rating (“dark brown
color”) in two of the examples (1-2 and 1-4), and the third
rating (“shallow dark brown color”) in one example (1-1). In all
examples in which the enzyme is used the finish of hair rating is
the best rating (“soft and combing is smooth”). Thus, Tsujino’
table 1 indicates that when the enzyme is used instead of
hydrogen peroxide, the finish of hair is better in all cases, and
the dyeing effect is the same in most cases, but is thinner or
shallower in a minority of cases.
When one of ordinary skill in the art who, like Tsujino,
desired good hair finish and reduced likelihood of hair and skin
damage, weighed the above-discussed benefits and disadvantage of
using Tsujino’s enzyme instead of hydrogen peroxide, the person
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