What is the significance of comparing claimed invention with closest prior art in patent applications?

Comparing the claimed invention with the closest prior art is crucial in patent applications for demonstrating unexpected results. The MPEP 716.02(e) 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.’

This comparison helps establish that the claimed invention possesses unexpected advantages or properties compared to the most relevant existing technology, strengthening the case for patentability.

To learn more:

• closest prior art
• unexpected results
• patent application
• comparison