Establishing Unexpected Results: PTAB Highlights Pitfalls for Rule 132 Declarations

In Ex parte Eidschun, the PTAB found a Rule 132 Declaration ineffective to rebut an obviousness rejection, noting that the applicant’s comparisons were not relative to the closest prior art, failed to explain why results were unexpected, and were not commensurate in scope with the claims. This highlights the need for thoughtful comparisons and well-articulated arguments for unexpected results when using Rule 132 Declarations.

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