How do patent examiners evaluate evidence of expected and unexpected results?
Patent examiners evaluate evidence of expected and unexpected results by weighing them against each other and considering their significance. The MPEP provides guidance:
“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))
Examiners must consider both types of evidence, evaluating the significance of unexpected results in the context of the invention and the prior art. They also assess whether the unexpected results are commensurate in scope with the claimed invention and whether they truly outweigh any evidence of obviousness.
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