Appeal No. 1996-3729 Application No. 08/253,839 would be expected to exhibit improved weldline strength and a good balance of other properties in accordance with the teachings of Saito. Additionally, we take note of appellants' assertion that their data demonstrate a sharp reduction in tensile strength at modifier levels approaching 10 wt.% and above, particularly as seen in Tables X and XI. In Table XI, a sharp reduction in tensile strength appears to occur at a modifier level as low as 8 wt.%. There is no testimony of record establishing that these results would have been unexpected by those of ordinary skill in the art. Even assuming arguendo that such results would have been unexpected, the scope of the claims on appeal are not commensurate with the scope of the objective evidence of nonobviousness since the claims embrace modifier levels up to about 10 wt%. In any event, appellants have failed to establish that a skilled artisan would not have expected a reduction in tensile strength with the addition of significant quantities of rubbery modifiers to a polyamide formulation. Further, in many instances the tabulated data relied upon by appellants do not appear to represent a comparison with the 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007