No, it's not impossible. The CA2 panel could rule that notice actually was given or that notice was not required.
Just think a second about what you just said. I mean really think about it. If notice WAS actually given, don't you think either Nash, Kessler, Berman or the dozens of lawyers who work for them, would have noticed by this point.
And as to the issue that notice might not be required? Hello, Hellllloooooo! Anyone home? We know for a FACT that it's required because it's in the law AND Berman made it the linchpin of his decision. Its the one issue, it seems, that will make his decision bulletproof on appeal. (at least so say the "legal experts")
You know QM, when you think about the ENORMITY of the well documented deprivations, misinformation and lies Goodell and his cronies heaped on Brady and the Pats; it's almost ironic that it's the relatively small error of not giving Brady notice that will seal their doom in appeals. It won't be about the lack of evidence that anything happened. It won be about their duplicitous manipulation of the evidence in the Welles Report, and it won't be about the manipulation of the media, the lies, and innuendos of the media attack that continues today. It will be about the "lack of notice" that will sink their ship.
It has to make you think twice about a legal system that will ignore the truth, justice, and fairness, but will decide important cases based on the vagueories of the "small print" of the law.