Today in In re: Aqua Products, Inc., __ F.3d __ (Fed. Cir. 2016)(Reyna, J.), in the course of affirming a PTAB unpatentability ruling in an Inter Partes Reexamination proceeding, the panel denied the patentee’s challenge contesting PTO regulations that the patentee must establish patentability of a proposed amended claim in order to permit entry of that claim:

“Given our precedent [in Microsoft Corp. v. Proxyconn, Inc., 789 F.3d 1292, 1307-08 (Fed. Cir. 2015)], this panel cannot revisit the question of whether the Board may require the patentee to demonstrate the patentability of substitute claims over the [prior] art of record.”