T 0433/21 (Retraction of a declaration to withdraw the appeal (denied)) vom 04.07.2023

Correction of error - (no)
Correction of error - immediately evident that nothing else could have been intended (no)
Error of representative
Retraction of a declaration to withdraw appeal
Conditions for retracting a declaration
Ancillary proceedings after closure of appeal proceedings
Exercise of discretion to make a referral to the Enlarged Board of Appeal

1. Neither the omission of a procedural act nor an error caused by miscommunication between the applicant and the representative or by an incorrect recollection of the applicant's instructions can be regarded as an error under Rule 139 EPC, provided that the document filed with the EPO is deemed to express the representative's intention at the time of filing.
2. A request for correction of a declaration of withdrawal of an appeal under Rule 139 EPC does not reopen the appeal proceedings, but only starts ancillary proceedings to decide whether the appeal proceedings should be reopened.