Practice question: evidence of unexpected results
Answer in brief
This question tests how rebuttal evidence of nonobviousness is weighed. Pick an answer before you open the explanation; the governing rule is in MPEP 716.
An original practice question written by Wysebridge in the style of the exam. It is not a released USPTO question.
The question
To rebut an obviousness rejection, an applicant files a declaration showing unexpected results. Which feature most strengthens that evidence?
- The results are compared with the closest prior art and are commensurate in scope with the claims.
- The declarant is the inventor.
- The results were obtained after the application was filed.
- The declaration describes results that were expected by those skilled in the art.
- The declaration is longer than ten pages.
Answer and explanation
Show the answer
Answer: A. Evidence of unexpected results must compare the claimed invention with the closest prior art and be commensurate in scope with the claims. Expected results are not evidence of nonobviousness, and the length of a declaration carries no weight.
Where the rule lives
Read MPEP 716 explained on MPEP.net, then find it in the official MPEP. On test day you will search the same text, so practice locating it yourself.
Sources for this entry
- Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam. - Wysebridge — Patent bar exam simulator Wysebridge (publisher of this site)
Timed AM/PM practice modeled on the Prometric test center.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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Cite or share this entry
Patent Bar Practice Questions. “Practice question: evidence of unexpected results.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentbarpracticequestions.com/unexpected-results-question/