Can evidence of unexpected results be presented after filing a patent application?
Yes, evidence of unexpected results can be presented after filing a patent application. MPEP 716.02(f) clarifies that evidence and arguments directed to advantages not disclosed in the original specification should not be disregarded. The Federal Circuit in In re Chu explicitly stated: “We have found no cases supporting the position that a patent applicant’s evidence or arguments traversing a § 103 rejection must be contained within the specification.”
This means that applicants can present evidence of unexpected results or other advantages during the prosecution process, even if these were not initially disclosed in the specification. However, it’s important to note that such evidence should be considered as part of the totality of the record in determining non-obviousness.
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