You of course can furnish contrary evidence after playing BF3 I assume ?
BTW: This is a thread about an Nvidia release. Making disparaging remarks about AMD is probably just inviting a post flame war and the risk of being labelled a troll...maybe we keep it on topic, yes?
BTW2: 38% improvement isn't actually that great a number. It suggests that Nvidia has a handle on the game/Frostbite 2. Note that quite a number of games quite often benefit from 50+% improvement in average framerate from a new driver set shortly after game release (see Shogun 2, Dragon Age 2 et al)