The Federal Circuit sat en banc on December 9th to hear the en banc oral argument in In re Aqua Products, Inc. Aqua challenges the Patent Trial and Appeal Board’s amendment procedures, which require the patentee to demonstrate that amended claims would be patentable over art of record.
You can listen to the en banc oral argument [here].
You can review the vacated panel opinion [here].
Aqua Products’ supplemental brief is available [here].