Whether the court of appeals erred by vacating and remanding the case based on an Appointments Clause challenge

QUESTIONS PRESENTED 1. Whether the court of appeals erred by vacating and remanding the case based on an Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, challenge raised for the first time in a pre-briefing motion before the court of appeals. 2. Whether the court of appeals erred by holding administrative patent judges of the United States Patent and Trademark Office Patent Trial and Appeal Board are principal officers under the Appointments Clause.