Appeal No. 2003-0869
Application No. 09/692,715
dyeing composition comprising heterocyclic bases such as the
claimed 4-hydroxy-2,5,6-triaminopyrimidine and 2,5-diaminopyridine
as oxidation bases. The examiner has also found that this teaches
the equivalence of pyridine oxidation bases to pyrazole,
pyrimidine, and pyrazolopyrimidine (Examiner’s Answer, page 5,
lines 16-20).
The examiner thus concludes that it would have been obvious
to one of ordinary skill in the art to modify the primary
reference by incorporating the claimed heterocyclic bases such as
pyrazoles, pyrimidines and pyrazolopyrimidines disclosed by
Audousset to make such a composition. The modification is said to
be obvious because they would provide for improved strong
colorations and they are functional equivalents. (Examiner’s
Answer, page 6, lines 1-8).
The appellants, on the other hand, assert that the examiner
has failed to establish a prima facie case of obviousness.
(Appeal Brief, page 6, lines 6-10). More specifically, they
contend that there is no motivation or suggestion to combine the
references and there is no evidence showing a reasonable
expectation of success in the combination (Appeal Brief, page 6,
lines 3-6).
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