What is the significance of ‘commensurate in scope’ for unexpected results?

‘Commensurate in scope’ means that the evidence of unexpected results must apply to the full range of the claimed invention. The MPEP 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.’ (MPEP 716.02(d))

This requirement ensures that the unexpected results are relevant to the entire scope of the claimed invention, not just a narrow subset.

To learn more:

• unexpected results
• commensurate in scope
• patent claims
• evidence