In J 21/84 (OJ 1986, 75) it was held that if the designation fee for a state was paid, neither within the time limit under Art. 79(2) EPC 1973 nor within the period of grace under R. 85a EPC 1973 together with the surcharge, such failure could not be corrected on the basis of and in conjunction with the correction of an error according to R. 88 EPC 1973.

Concerning the indication of the purpose of fee amounts paid in respect of designation fees under the earlier law, see "Case Law of the Boards of Appeal of the EPO", 6th edition 2010, VI.F.2.4 "Designation fees".