How are unexpected results weighed in patent examination?

In patent examination, unexpected results must be weighed against evidence supporting prima facie obviousness when determining the obviousness of a 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))

This means that examiners must consider both the evidence of unexpected results presented by the applicant and the evidence supporting the obviousness rejection when making their final decision.

To learn more:

• unexpected results
• obviousness
• patent examination
• evidence weighing