Appeal No. 2006-1003
Application 10/046,535
The examiner argues that Segraves’ acid-dyeable core must
have a large number of amine end groups, whereas the sheath which
is lighter in color must have very few amine end groups (answer,
page 6). The examiner, however, does not support this argument
with evidence. The examiner’s mere speculation is insufficient
for establishing 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).
Rejection over Anton in view of Lin
Anton discloses polyamide filaments comprising an acid-
dyeable core which is at least 40 vol% of the filament, and a
basic-dyeable sheath (col. 1, lines 37-50; col. 2, lines 37-47).
The core contains 40-100 meq/kg of amine end groups, and the
sheath normally contains about 15-40 meq/kg of amine end groups
(col. 1, lines 39-42; col. 2, lines 44-47). The amine end groups
increase acid-dyeability (col. 2, lines 17-20).
The appellants argue that Anton’s disclosure of a sheath
amine end group content of about 15-40 meq/kg leads away from an
amine end group content of less than about 10 meq/kg (brief,
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