3.4 Correction of errors under Rule 140 after an incorrect cover sheet with an incorrect operative part of the decision is sent

A decision contains an obvious mistake within the meaning of Rule 140 if the wording of the decision deviates from the intention of the division concerned.

Therefore if an opposition division issues an (interlocutory) decision whose operative part contradicts the grounds for the decision, this decision can as a rule be rectified by the opposition division at any time under Rule 140, even after it becomes legally binding.

Requests for correction under Rule 140 can be filed by any party to the proceedings.

The correction of an obvious mistake in a decision pursuant to Rule 140 alters neither the date of the decision nor the time limit for appeal, which runs from notification of the initial (incorrect) decision. Where the time limit for appeal against the decision of the opposition division has already expired, and the correction is not allowable, a separate appealable decision is issued. The time limit for appeal against this decision runs from its notification.