Correction of a decision is allowable only if the text of the decision is manifestly other than intended by the department concerned. An error in the text of the patent that forms the basis for the decision cannot be imputed to the division by suggesting that the division did not intend to make a decision that in fact included the very text approved by the applicant (or patent proprietor) himself as a means of bringing the error within the ambit of Rule 140.
Thus only linguistic errors, errors of transcription and obvious mistakes in decisions can be corrected. The correction of a mistake in a decision under Rule 140
has a retrospective effect (see T 212/88
). Therefore, when the decision to be corrected is the refusal of the application or the revocation of the patent, the time
for filing a notice of opposition or
an appeal is not changed by the publication or the notification of the