Unexpected or Superior Results Can Be Demonstrated Through a Single Property

b Unexpected or Superior Results Can Be Demonstrated Through a Single Property 

The specification of the application disclosed that compound 1 and related compounds were useful as herbicides, and the examiner rejected the claimed compound alleging obviousness over a prior art reference (a Swiss patent) that included a specific example with the structure 2. As rebuttal, the applicant submitted a declaration that discussed results obtained when compound 1 was compared to compound 2. 

49One can readily conjure up additional, more extreme hypothetical examples to further drive home the point. For example, a patent applicant disclosing compounds with pharmaceutical utility would not be able to make a showing whereby compounds in the application show unexpected results as polymerization catalysts. He might, however, make a showing that die compounds have unexpectedly lower toxicity than the prior art compounds, which could should in turn translate to better pharmaceutical agents. 

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