How can an applicant demonstrate unexpected results?
To demonstrate unexpected results, an applicant should: Compare the claimed invention with the closest prior art Explain the significance of the unexpected results Provide evidence that is commensurate in scope with the claims The MPEP states: The evidence relied upon should establish ‘that the differences in results are in fact unexpected and unobvious and of…
Read MoreWhat is the importance of comparing with the closest prior art?
Comparing the claimed invention with the closest prior art is crucial for establishing unexpected results. The MPEP states: An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective to rebut a prima facie case of obviousness. (MPEP 716.02(e)) This comparison helps demonstrate that…
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