7.3. Withdrawal of the appeal
7.3.4 No withdrawal of appeal with retrospective effect
The mere fact that a representative had filed a notice of appeal before taking note of the appellant's adverse instruction did not justify a correction to the effect that no appeal had been filed. The request amounted to a withdrawal of the appeal with retrospective effect, which was not provided for in the EPC (T 309/03, OJ 2004, 91).