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.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_l_1_2_1.htm
Date retrieved: 17 May 2021