Ex parte MONTAG et al. - Page 7

          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                
          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              

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