Unfortunately anymore anyone can get a patent for just about anything, it seems, regardless of how obvious or trivial the idea or process is. I guess the patent office is just getting too many applications that are technically way beyond what they are able to understand. It seems the current approach to the patent office is "grant every patent, let the courts work it out later."

So they'll probably get the patent. But if things are as you are, it'd be great to document when the app note was released. Get a copy of the app note before they make it disappear. If others have implemented the idea or process, document it. The patent will almost certainly get thrown out but someone's going to have to prove in court that the information was made public years ago or that there is "prior art" prior to the date their application is filed.

Why I don't know is if there is a patent application in process, can third parties submit documentation that would be grounds to reject the patent application before it is approved?

Regards,
Craig Steiner