What does Secondary Consideration refer to in patent examinations?

Secondary Consideration, in the context of patent examinations, refers to evidence that supports the non-obviousness of an invention when addressing a rejection based on the obviousness standard outlined in 35 U.S.C. § 103. It is often used to provide additional context or factors that demonstrate why an invention, despite being based on prior art, is not obvious to someone skilled in the art at the time the invention was made.

These secondary considerations can include factors such as commercial success, long-felt but unsolved needs, failure of others, and unexpected results. By presenting such evidence, an applicant can effectively rebut an obviousness rejection by showing that the invention has merits that transcend what would have been anticipated from the prior art.

While other choices mention aspects related to patent examination, they don't align with the definition of Secondary Consideration. For example, evidence of prior art is pertinent to establishing the state of the art, but does not address non-obviousness directly. A response to a 102 novelty rejection focuses on the novelty of the invention, while an appeal against a patent office decision addresses procedural outcomes rather than substantive objections related to obviousness.