T 0139/87 (Governor valve) of 09.01.1989

1. An appeal by an applicant for a European patent is to be considered well founded within the meaning of Article 109(1) EPC if simultaneously amendments to the application are submitted which clearly meet the objections on which the contested decision relies.

2. In this case, the department that issued the contested decision must rectify that decision (contrary to the Guidelines E-XI,7). Irregularities other than those that gave rise to the contested decision do not preclude rectification of the decision.