4

You haven't said what is actually claimed. But that's what matters. I have assumed that the claims relate to the particular method that you note is described. Enablement requires that the reader can put the claimed invention into practice. In the case you describe, you have implied that the reader could perform the steps of the method. It is therefore ...


3

If the application is still pending, you may even attempt filing third-party submission (if still possible), and state that the publication is relevant to 101/utility. However, it sounds like this period has passed. Following on from Maca's comments about duty of good faith, it may be considered a responsibility of the applicants to bring the publication ...


3

It depends. If they are claiming (in the claims) the results or something related to the results, then maybe. If however they are claiming for example the method and it's described in a way that someone can reproduce it, then probably not. It doesn't matter if the results of that method are bogus if someone skilled in the art could still perform the method....


Only top voted, non community-wiki answers of a minimum length are eligible