1. Whether the patent challenger always has
the burden of proving that the disclosures in an
asserted prior art patent or printed publication
are enabling of the claimed subject matter under
Sections 102 and 103 of the Patent Act.

2. Whether the standard for proving a prior art
patent or printed publication enables claimed
subject matter under Sections 102 and 103 of the
Patent Act is the one set forth in this Court's
holding in Seymour v. Osbourn, 11 Wall. 516, 555
(1870).

3. Whether this Court's Loper Light
Enterprises v. Raimondo decision prohibits the
Federal Circuit from deferring to the USPTO's
interpretation of the law of prior art enablement
by silently adopting that interpretation using Fed.
R. App. P. 36.

Whether the patent challenger bears the burden of proving enablement of prior art under Sections 102 and 103 of the Patent Act