Ex parte MONTAG et al. - Page 6

          Appeal No. 1996-3729                                                        
          Application No. 08/253,839                                                  

          filled polyphthalamide formulations, as claimed, improves                   
          weldline strength of the resulting composition without the                  
          presence of an unmodified block copolymer, a third component                
          taught by Saito as being necessary to obtain an improvement in              
          weldline strength.  This argument is unpersuasive since                     
          appellants' claims do not preclude addition of unmodified                   
          block copolymers and, thus, read on compositions which contain              
          such components and which therefore would be expected to have               
          improved weldline strength and a good balance of other                      
          properties in view of the teachings of Saito.  In this regard,              
          appellants' argument is not commensurate with the inclusive                 
          scope of their claims.                                                      
               We have thoroughly reviewed all the data (appellants'                  
          specification: Tables VIII - XIII; Garrett Declaration, Paper               
          No. 9: Table A) relied upon by appellants as evidence of                    
          nonobviousness.  For the foregoing reasons, as well as for the              
          additional reasons set forth below, we agree with the examiner              
          that the data relied upon by appellants is not dispositive of               
          nonobviousness with regard to the claimed composition.                      
               As we have noted, the claims read on compositions                      
          including both modified and unmodified block copolymers which               

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