MPEP § 2131.04 — Secondary Considerations

Ninth Edition, Revision 01.2024 · last revised R-08.2012

Evidence of secondary considerations, such as unexpected results or commercial success, is irrelevant to 35 U.S.C. 102 rejections and thus cannot overcome a rejection so based. In re Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 425 (CCPA 1973).