How do patent examiners evaluate evidence of expected and unexpected results?

Patent examiners evaluate evidence of expected and unexpected results by weighing them against each other and considering their significance. The MPEP provides guidance: “Evidence of unexpected results must be weighed against evidence supporting prima facie obviousness in making a final determination of the obviousness of the claimed invention.” (MPEP 716.02(c)) Examiners must consider both types…

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How does the MPEP define ‘unexpected results’ in the context of patent applications?

The Manual of Patent Examining Procedure (MPEP) provides guidance on what constitutes ‘unexpected results’ in the context of patent applications. According to MPEP 716.02(a), unexpected results can be demonstrated in several ways: Greater than expected results: A greater than expected result is an evidentiary factor pertinent to the legal conclusion of obviousness … of the…

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