Web15 Apr 2024 · UNEXPECTED RESULTS: DEGREE VERSUS KIND An argument of unexpected and surprising results usually arises during patent prosecution in order to rebut an … Web12 Apr 2024 · When presenting unexpected results of the claimed invention to overcome a finding of prima facie obviousness, practitioners should carefully consider whether the …
Unexpected Results Should Be Commensurate with the …
WebIf you’ve been prosecuting patents for any significant length of time, you’ve probably been hit with the objection that your data, while surprising and unexpected, are not “commensurate in scope with your claims.” Maybe you have some understanding of what this phrase means. Maybe you have some idea what the patent examiner thinks it means. […] WebObviousness is a legal conclusion based on underlying factual inquiries: (1) scope and content of the prior art; (2) level of ordinary skill in the prior art; (3) differences between the claimed invention and the prior art; and (4) objective evidence of nonobviousness (aka “secondary considerations”) (e.g., failure of others, long felt need, … ira withdrawal without penalty age
2145-Consideration of Applicant’s Rebuttal Arguments and Evidence
Web11 May 2024 · A finding of a prima facie case of obviousness can be overcome by producing objective evidence of nonobviousness such as unexpected results, commercial success, licensing, copying, praise by others, and long-felt but unresolved need. Web31 Jul 2015 · First, secondary considerations must be reasonably commensurate with the scope of the claims. For example, where one embodiment of a claim has been shown to exhibit unexpected results,... Web8 Dec 2024 · Importantly, the board appears to interpret any unexpected results evidence narrowly at the pre-institution stage, and to apply it only to claims that are directly commensurate in scope with the ... ira withdrawal withholding calculator