How can greater than expected results demonstrate nonobviousness?
Greater than expected results can be powerful evidence of nonobviousness in patent applications. According to MPEP 716.02(a):
A greater than expected result is an evidentiary factor pertinent to the legal conclusion of obviousness … of the claims at issue.
This can be demonstrated in several ways:
- Showing an additive result when a diminished result would have been expected
- Demonstrating an effect greater than the sum of each effect taken separately (synergism)
However, it’s crucial to note that the results must be significantly greater than expected. As the MPEP states:
Applicants must further show that the results were greater than those which would have been expected from the prior art to an unobvious extent, and that the results are of a significant, practical advantage.
Simply showing a greater than additive effect may not be sufficient if such an effect could have been expected based on the prior art.
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