In T 713/02
(OJ 2006, 267), the board held that the examination of a request for correction of priority data after the publication of the application was not to be restricted to that portion of the facts and circumstances which in a decision of a board of appeal in another case were considered not to preclude the correction. Therefore, in the case before the board, it could not be ignored that the requested correction by addition of an earlier priority date would eliminate from the state of the art pursuant to Art. 54(2) EPC 1973
a highly relevant document, which the applicant had previously de facto
accepted as comprised in that state of the art (see, however, the Notice from the European Patent Office regarding decision T 713/02
(OJ 2006, 293), according to which the EPO's departments of first instance do not, for the time being, follow the findings that no decisions, except where a total loss of rights should be remedied, may be taken in the applicant's favour prior to the decisions terminating the granting procedure).