In re Aqua (Fed. Cir. 2016) In its newly filed brief in this pending en banc case, the USPTO sets forth the three statutory provisions of 35 U.S.C. § 316 that are related to amendment practice in an Inter Partes Review (IPR) proceedings: §§ 316(a)(9); (d)(1); and (e). [Aqua Products–PTO brief.] Taking them out of order: … Continue reading In re Aqua: Ambiguity in the Statute Means Deference to the PTO