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, 5Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007