7.1 General remarks 

If the department whose decision is contested considers the appeal to be admissible and well founded, it must rectify its decision. This does not apply where the appellant is opposed by another party to the proceedings.

This means that a duty or possibility of rectification may arise in connection with a decision by the Receiving Section, the Legal Division, an examining division or, exceptionally, an opposition division if all oppositions were withdrawn and the proprietor has filed an appeal.

After receipt of the statement of grounds, only three months are available to the department of first instance for rectifying its decision. It must therefore consider the appeal with the highest priority and start examining admissibility immediately. If it finds that the appeal is admissible in the form in which it has been filed, it will start examining allowability immediately.

The department concerned will rectify its decision if convinced in the light of the grounds of appeal that the appeal is admissible and well founded, for example because:

(i)the department failed to take due account of some of the material available to it at the time the decision was made 

(ii)owing to an error on the EPO's part, the department did not receive material that had been filed at the EPO in due time before the decision was issued or 

(iii)although the department's decision does not appear to be incorrect, the applicant presents new information or evidence or files amendments to the application which overcome the objections in the decision (see T 139/87).

ForOn the advantages of a decision covering more than one objection, see E‑IX, 2.6E‑X, 2.6.

In either case, whether the appealed decision is rectified or the appeal is remitted to the board, a decision issued by the examining or opposition division may be signed only by the examiners belonging to the division at the time of signature. If an examiner is absent for a long period or has left the department, a new member must be appointed to the division.