1.2. Competence of the boards of appeal
Overview
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.
- T 255/22
Catchword:
No competence for the Board to correct or amend under Rule 140 EPC the reasons given by a first-instance department in the written decision, or to order such a correction or amendment (see point 2.2.1). No competence for the Board to confirm that an "obvious mistake" within the meaning of Rule 140 EPC was made in the reasons given by a first-instance department in the written decision (see point 2.3). No competence for the Board to correct or amend the content of the minutes of oral proceedings before a first-instance department, or to order such a correction or amendment (see point 3.3).
- 2023 compilation “Abstracts of decisions”