I have a claim that recites 15.5% by weight of CO2.
The prior art discloses 14.31% by weight of CO2.
The examiner rejects the claim by stating that it would have been obvious to increase the 14.31% by weight of CO2 in the prior art to obviate the 15.5% by weight of CO2 recited in claim 1. Additionally, the examiner cites to In re Bergstrom, In re Cofer, Ex part Stern, etc. as his basis for rejection.
How can I argue that 15.5% by weight of CO2 in the present invention is more superior than the 14.31% by weight of CO2 in the prior art?
Is there any case law out there that puts emphasis on the patentability of compounds that have different weights?