Appeal No. 2003-0869
Application No. 09/692,715
The appellants observe that the disclosure of oxidation bases
in Audousset is broad. They admit that Audousset discloses
pyrimidine derivatives and pyrazole derivatives are both oxidation
bases, but assert that the disclosure of Audousset is to their
usefulness in conjunction with a coupler of Audousset’s formula I
and at least one additional heterocyclic coupler to form oxidation
dyes. Audousset, it is urged, never teaches or suggests the
couplers of the instant claims. (Appeal Brief, page 9,
lines 1-10).
We find this argument persuasive. While we agree with the
examiner that Audousset discloses the functional equivalence of
the oxidation bases of pyrimidine and pyrazole derivatives, we
note that this disclosure is in the context of very specific
coupler combinations. Audousset’s couplers are indole couplers
having two rings (see column 2, lines 14-30) and used in
conjunction with an additional heterocyclic coupler (column 2,
line 35). The instantly claimed couplers are 2-substituted 5-
aminoalkylphenol derivatives, which differ substantially in
structure. The oxidation coloration reaction is between the
oxidation dye and a coupler (Ogawa, column 1, lines 16-21).
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