How does the ‘area of technology’ affect unexpected results in patent applications?
The ‘area of technology’ plays a significant role in determining whether unexpected results are commensurate in scope with the claimed invention. According to MPEP 716.02(d): Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the ‘objective evidence of nonobviousness must be commensurate in scope…
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