What is the importance of comparing with the closest prior art?

Comparing the claimed invention with the closest prior art is crucial for establishing unexpected results. The MPEP states: An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective to rebut a prima facie case of obviousness. (MPEP 716.02(e))

This comparison helps demonstrate that the unexpected results are truly attributable to the claimed invention and not to other factors. It also ensures that the most relevant prior art is considered when evaluating the nonobviousness of the invention.

To learn more:

• unexpected results
• closest prior art
• comparative testing
• patent examination