T 0824/00 (Retraction of withdrawal of request/SUMITOMO) of 24.03.2003

I. A request under Rule 88 EPC for correction of a document filed at the EPO, the effect of which correction would be materially to breach principles representing the fundamental value of legal procedural certainty, should not normally be allowed. One such principle is that a competent first instance department of the EPO is empowered under Article 113(2) EPC to take a decision which terminates the first instance procedure on the basis of the ostensible final requests of the parties; a second such principle is that a party is not to be regarded as adversely affected within the meaning of Article 107 EPC by such a decision which grants his final request. (Reasons 6).

II. The statement in J 10/87 (OJ EPO 1989, 323) at point 12 of the reasons: "Legal certainty demands that the EPO can rely on statements of the parties in proceedings" pinpoints the precise procedural stage at which certainty prevails over intention and Rule 88 EPC reaches the limit of its applicability, viz when a party statement is relied on in a formal juridical act. (Reasons 8).