1. “Does the Panel’s precedential decision articulate a new bright-line rule for determining whether a reference is a publicly accessible printed publication eligible to be used in an [inter partes review] under 35 U.S.C. § 311 that conflicts with this Court’s prior precedent requiring a careful case by case assessment of all facts and circumstances related to the reference’s disclosure?”
2. “In evaluating whether substantial evidence supports the Board’s factual determination that a printed publication is publicly accessible, is the Panel permitted to engage in its own fact-finding, identify contrary facts in the record, and re-weigh evidence without deference to the Board’s factual findings and credibility determinations?”
