1. “Whether the Federal Circuit has wrongly applied this Court’s and its own precedent in disregarding key functional limitations of the claims that implement the improvement to the claimed invention over the prior art in conducting a patent eligibility analysis under 35 U.S.C. §101.”
2. “Whether the Federal Circuit has wrongly usurped the factfinder role and disregarded the requirement to review the Patent Trial and Appeal Board’s factual findings on written description for substantial evidence by sua sponte raising and ruling on a new argument at the appellate hearing that was not raised below and overrule the Board without the Patent Owner or Board ever having an opportunity to address it.”
