Patent, Procedure
Claim not waived, as it was referenced in briefs and at argument below.
The time that should have been added to the end of the patent was appropriately tolled during the interval between the notice of insufficiency and the revised notice of insufficiency, as the initial notice put the petitioner on notice of the shortcomings in the claim.
Dissent: A response to an incomplete notice might have itself been incomplete.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1265.Opinion.1-20-2016.1.PDF
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.