Appeal No. 2003-1308
Application No. 09/287,176
would have been obvious for one of ordinary skill in the art to
select the cationic direct dyes of Mockli for use in the dyeing
composition of Kao.
It is appellant's argument that Kao "suggests improving
stability of dyeing compositions using a hydroxy-C2-C4-alkyl guar
gum together with a dye compatible together with that guar gum"
(page 6 of principal brief, first paragraph), and that Kao lists
42 direct dyes that meet this requirement, but "none of the dyes
in this list falls within the scope of the presently claimed
cationic direct dyes (page 6 of principal brief, second
paragraph). However, as explained by the examiner and
acknowledged by appellant, Kao provides a general teaching that
all direct-acting hair dyes may be used and, significantly, Kao
further teaches that "the cationic (basic) dyes are particularly
preferred since their stability and dye uptake properties are
especially enhanced by the addition of the guar gum derivative
according to the invention" (page 2 of translation, fourth
paragraph, emphasis added). Hence, although the list of 19
cationic dyes provided by Kao does not include the specifically
claimed dyes, we agree with the examiner that Kao's character-
ization of cationic dyes, in general, as particularly preferred
would have clearly suggested the particular cationic direct dyes
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007