In fact, this text confirm Fabricpatch isn't supported on Nexus 9000 ;)
"With Cisco FabricPath, the switched domain no longer has to be segmented, providing data center-wide workload mobility. Because traffic is no longer forwarded using Spanning Tree Protocol, the bisectional bandwidth of the network is expanded, providing enhanced scalability and a completely nonblocking environment. This type of topology can also be transitioned to the Cisco Nexus 9000 Series, but without the use of Cisco FabricPath in the end state."
"The current Cisco Nexus portfolio remains the same, focusing on the Cisco Nexus 7000, 6000, and 5000 Series chassis."