MPEP 2131.04
Secondary Considerations

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2131.04    Secondary Considerations [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).