How can an applicant demonstrate unexpected results for a broad claim range?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.