On July 6, 2020, the Precedential Opinion Panel (“POP”) held that the Board may raise a new ground of unpatentability against substitute claims in a motion amend, even when a petitioner does not advance or insufficiently develop that ground—but that it should only do so in rare circumstances. In doing so, the POP granted Patent Owner DynaEnergetics GmbH’s request for rehearing under 37 C.F.R. § 42.71(d) and granted its Motion to Amend under 35 U.S.C. § 316(d)(1).
