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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