In National Environmental Products Ltd. v. Dri-Steem Corporation, IPR2014-01503, Paper 11 (November 4, 2014), the Board denied the petitioner’s request to file an amended petition. The Board noted that it’s procedures for amendment of a Petition typically are limited to correction of a clerical or typographical mistake. 37 C.F.R. § 42.104(c). Nevertheless, the Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by the applicable rules. However, the Board was not persuaded, Petitioner should be authorized to submit the proposed supplemental information in a revised Petition.

The Board said that the original petition should have included all of the asserted grounds of unpatentability. 37 C.F.R. § 42.104(b). The Board said that the law requires that a petition must “identif[y], in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence that supports the grounds for the challenge to each claim.” 35 U.S.C. § 312(a)(3). The Board found that the Petitioner did not explain sufficiently during the call why the information was not include in its petition.