The submission by the proprietor of an amended specification containing the correction of an obvious error will be admitted:

– in opposition proceedings if the correction is part of an amendment going beyond the mere removal of an error, namely an amendment occasioned by a ground for opposition (see H‑II, 3);[Rule 80; ]

Therefore, if the proprietor files an amended specification fulfilling the requirements of Rule 80, they can additionally request the correction of an obvious error under Rule 139 (see T 657/11). This request for correction will be dealt with by the opposition division (see H‑VI, 2.1), as described in H‑VI, 2.2, to H‑VI, 2.2.2.

– in limitation proceedings if the correction is part of an amendment going beyond the mere removal of an error, namely an amendment constituting a limitation vis-à-vis the claims as granted or amended, and complies with Art. 84 and Art. 123 (see D‑X, 4.3).[Rule 95(2); ]

In other words, if an amended set of claims fulfilling the requirements of Rule 95(2) is filed in limitation proceedings, obvious errors can be corrected under Rule 139.