How should unexpected results be shown when there are two equally close prior art references?
When dealing with two equally close prior art references, showing unexpected results over one reference may not be sufficient to rebut prima facie obviousness. The MPEP 716.02(e) states:
“Showing unexpected results over one of two equally close prior art references will not rebut prima facie obviousness unless the teachings of the prior art references are sufficiently similar to each other that the testing of one showing unexpected results would provide the same information as to the other.”
This means that if the two prior art references are significantly different, applicants may need to demonstrate unexpected results over both references. The goal is to ensure that the evidence of non-obviousness is comprehensive and applicable to all relevant prior art.
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