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Guidelines for Examination

 
 

10.4 Request for correction of minutes

If a party to oral proceedings considers the minutes thereof not to fulfil the requirements of Rule 124, it may file a request to that effect, with a proposed correction, as soon as possible after receipt of the minutes in question.

The Examining/Opposition Division is competent to decide upon the request (T 1198/97, T 68/02 and T 231/99). In response to a request for correction the Division will either issue corrected minutes of the oral proceedings or dispatch a communication stating that the minutes already contain the essentials of the oral proceedings and the relevant statements of the parties and give reasoning thereto (see T 819/96). The communication from the Division cannot on its own be subject to an appeal (T 1198/97 and T 1063/02).

It is at the discretion of the writer of the minutes (and of the chairman who authenticates them) to decide what is considered essential and relevant in the meaning of Rule 124(1) (T 212/97). The minutes should be corrected when they show deficiencies with regard to the aspects mentioned, for example if essential submissions or similarly important procedural statements are missing, or if they are incorrectly reflected in the minutes (T 231/99, T 642/97 and T 819/96).