1.2.1 Legal Board or Technical Boards

In G 8/95 (OJ 1996, 481) the Enlarged Board of Appeal held that the decision refusing a request for correction of the decision to grant concerned the grant of the patent. It was, therefore, the technical boards – not the Legal Board of Appeal – which had to decide on appeals from a decision of an examining division refusing a request under R. 89 EPC 1973 for correction of the decision to grant.

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