4.2. Obviousness of the error and the correction
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  9. 4.2.3 Obvious correction
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4.2.3 Obvious correction – immediately evident that nothing else would have been intended than what is offered as the correction

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4.2.3 Obvious correction – immediately evident that nothing else would have been intended than what is offered as the correction

In G 3/89 and G 11/91 the Enlarged Board held that the parts of a European patent application as filed which relate to the disclosure must further allow a skilled person – using the common general knowledge on the date of filing – directly and unequivocally to ascertain the precise content of the information the person making the request actually meant to give, instead of the incorrect particulars, on the date of filing or when making an amendment under Art. 123 EPC, so that, for said skilled person, "it is immediately evident that nothing else would have been intended than what is offered as the correction" (R. 139, second sentence, EPC). However, if there is any doubt that nothing else would have been intended than what is offered as the correction, a correction cannot be made.

a) Decisions where it was not immediately evident that nothing else would have been intended than what was offered as the correction
b) Decisions where it was immediately evident that nothing else would have been intended than what was offered as the correction
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