How are unexpected results weighed against evidence of obviousness?
Unexpected results are weighed against evidence supporting prima facie obviousness to determine the overall obviousness of the claimed invention. The MPEP states: 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))
The significance of the unexpected results is crucial. If the unexpected properties are not shown to have a significance equal to or greater than the expected properties, they may not be sufficient to overcome an obviousness rejection.
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