1. “Whether objectively incorrect statements of fact regarding the challenged patent and the prior art reference can provide substantial evidence for findings of the Patent Trial and Appeal Board.”
2. “Whether the test for analogous art should include the panel’s ‘analogous element’ test—separate from the established same-field-of-endeavor and reasonable-pertinence tests—looking only for a similar element in the challenged patent and the prior art reference, regardless of how, or the purpose for which, that element is used.”
