(1) Only petitions filed by the parties are subject to examination by the Federal Court of Justice.
(2) An amendment of the action and, in proceedings for the revocation of a patent or invalidity of a supplementary protection certificate, a defence based on an amended version of the patent is admissible only if
1. the opposing party has consented or the Federal Court of Justice deems the amendment to be expedient, and
2. the amended petitions may be based on facts on which the Federal Court of Justice is to base its proceedings and decision on the appeal on points of fact and law in accordance with section 117.