How should applicants present comparative data to support claims of unexpected results?
How should applicants present comparative data to support claims of unexpected results?
Presenting comparative data effectively is crucial when asserting unexpected results in patent applications. The MPEP 716.02 provides guidance on this matter:
The claimed invention may be compared with the closest prior art to demonstrate unexpected results.
To effectively present comparative data, applicants should:
- Choose appropriate comparisons: Compare the claimed invention to the closest prior art.
- Use direct comparisons: Ensure that the only variable changed is the one being claimed as producing unexpected results.
- Provide sufficient data: Include enough data points to establish a trend and demonstrate statistical significance.
- Explain the significance: Clearly articulate why the results are unexpected and how they are practically significant.
- Address the entire claim scope: The data should be commensurate with the scope of the claims.
The MPEP further states:
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.
Therefore, applicants should present their comparative data in a clear, organized manner that directly addresses the obviousness rejection and demonstrates the unexpected nature of the results.
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