That's correct. Tests 23 & 25 require a specific error type that has since been changed in that circumstance: https://github.com/whatwg/dom/issues/319#ref-commit-94dd371

Test 35 requires root elements to not match :first-child, and the spec was changed to specify that they should match: https://bugzilla.mozilla.org/show_bug.cgi?id=1300374