2.1.1 Admissibility in opposition and limitation proceedings
2.1.1.1 Errors in the description, claims and drawings
The submission by the proprietor of an amended specification containing the correction of an obvious error will be admitted:
– in opposition proceedings if the correction is part of an amendment going beyond the mere removal of an error, namely an amendment occasioned by a ground for opposition (see H‑II, 3);
Therefore, if the proprietor files an amended specification fulfilling the requirements of Rule 80, they can additionally request the correction of an obvious error under Rule 139 (see T 657/11). This request for correction will be dealt with by the opposition division (see H‑VI, 2), as described in H‑VI, 2.2 to H‑VI, 2.2.1.
– in limitation proceedings if the correction is part of an amendment going beyond the mere removal of an error, namely an amendment constituting a limitation vis-à-vis the claims as granted or amended, and complies with Art. 84 and Art. 123 (see D‑X, 4.3).
In other words, if an amended set of claims fulfilling the requirements of Rule 95(2) is filed in limitation proceedings, obvious errors can be corrected under Rule 139.