T 0433/21 (Retraction of a declaration to withdraw the appeal (denied)) of 04.07.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T043321.20230704
- Date of decision
- 4 July 2023
- Case number
- T 0433/21
- Petition for review of
- -
- Application number
- 13866092.3
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 R 139
- Application title
- Slurry for Treatment of Oxyanion Contamination in Water
- Applicant name
- Phoslock Pty Ltd
- Opponent name
- -
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 125European Patent Convention R 139
- Keywords
- 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 - Catchword
- 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.
Order
For these reasons it is decided that:
1. The request for a correction under Rule 139 EPC /Art. 125 EPC is refused.
2. The request for reopening of the appeal proceedings is rejected.
3. The request for referral of certain questions to the Enlarged Board of Appeal is rejected.