The mere fact that a representative had filed a notice of appeal before taking note of the appellant's adverse instruction did not justify a correction to the effect that no appeal had been filed. The request amounted to a withdrawal of the appeal with retrospective effect, which was not provided for in the EPC (T 309/03, OJ 2004, 91).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_6_3_5.htm
Date retrieved: 17 May 2021