Legal Board of Appeal competent 

An appeal against the decision of the examining division refusing a request for corrections under R. 88 EPC 1973 filed after grant of the patent, on the other hand, is to be decided by the Legal Board of Appeal. The appeal concerned the preliminary question of whether a request under R. 88 EPC 1973 could be made after grant. This was purely a question of law, and did not concern the refusal of a European patent application or the grant of a European patent. It was also consistent with G 8/95, as answering the preliminary question did not involve any consideration of the text with which the patent should be granted (J 42/92).

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