How should applicants explain data in declarations?

Applicants have a specific responsibility when presenting data in declarations. According to MPEP 716.02(b):

“[A]ppellants have the burden of explaining the data in any declaration they proffer as evidence of non-obviousness.”

This means that it’s not enough to simply present data; applicants must provide a clear explanation of what the data shows and how it supports their argument for non-obviousness. The explanation should help the examiner understand the significance of the results in the context of the claimed invention.

To learn more:

• Patent declarations
• Data explanation
• Non-obviousness evidence