Appeal No. 99-0624
Application 07/749,482
(answer, page 6). This argument is not persuasive because it
is based purely on speculation, and such speculation is not a
sufficient basis for a prima facie case of obviousness. See
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1968); In re Sporck, 301
F.2d 686, 690, 133 USPQ 360, 364 (CCPA 1962). Hence, we do
not sustain the rejection under 35 U.S.C. § 103.
DECISION
The rejections of claims 112-118, 120-122 and 128-131
under 35 U.S.C. § 102(b) as being anticipated by Lilly, and
under 35 U.S.C. § 103 as being obvious over Lilly, are
reversed.
REVERSED
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