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
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