That's pathetic if a reviewer takes those points into consideration.
I'm guessing this will be the next 40 in Famitsu considering Nintendogs and The Wind Waker got 40 aswell.
As for Nintendo Magazines this game will be getting most likely higher than 95 and i'm sure IGN and Gamespot will give the game generous reviews.
But the only review I care about is the game's Edge review, even if it gets a 9 the game will still be fantastic but if it gets a 10 then clearly it really is something else, Edge are normally spot on with their reviews.