What does ‘commensurate in scope’ mean in the context of unexpected results?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

‘Commensurate in scope’ refers to the requirement that evidence of unexpected results must cover the entire range of the claimed invention. The MPEP 716.02(d) states:

Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the ‘objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support.’

This means that the evidence presented must demonstrate unexpected results across the full scope of what is being claimed, not just for a specific example or subset.