1.2. Competence of the boards of appeal

In J 12/85 (OJ 1986, 155) the board held that a board of appeal could only examine appeals from decisions of other instances of the EPO (Art. 21(1) EPC). Thus it cannot examine a request for a correction, based on R. 89 EPC 1973 (R. 140 EPC), of the decision under appeal. A decision on this request first had to be rendered by the examining division before the matter could be referred to the board of appeal.

In T 810/09 the board held that it was not competent to decide on a request for correction of a written decision taken by the opposition division and for this reason rejected the appellant's request for correction under R. 140 EPC.