Appeal No. 2003-0615
Application No. 09/319,165
of ordinary skill in the art would been led to use the enzyme to
obtain good hair finish and reduced likelihood of hair and skin
damage in every case at the expense of reduced dyeing thickness
or depth in a minority of cases. Consequently, Tsujino would
have fairly suggested, to such a person of ordinary skill in the
art, replacing Andrillon’s hydrogen peroxide with Tsujino’s
enzyme.
Accordingly, we conclude that the appellants’ claimed
invention would have been obvious to one of ordinary skill in the
art over Andrillon in view of Tsujino.
DECISION
The rejections under 35 U.S.C. § 103 of claims 25-49 and
51-57 over Yamahatsu in view of Andrillon, and claims 25-65 over
Andrillon in view of Tsujino, are affirmed.
15
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007