How can an applicant demonstrate unexpected results for a broad claim range?
To demonstrate unexpected results for a broad claim range, an applicant should provide evidence that covers the entire claimed range. However, in some cases, testing a narrower range may be sufficient. According to MPEP 716.02(d):
The nonobviousness of a broader claimed range can be supported by evidence based on unexpected results from testing a narrower range if one of ordinary skill in the art would be able to determine a trend in the exemplified data which would allow the artisan to reasonably extend the probative value thereof.
This means that if the data shows a clear trend, it may be possible to extrapolate the results to the broader range. However, the evidence must be sufficient to convince a skilled artisan that the entire claimed range would exhibit the unexpected results.
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