The appeal against a decision to refuse was withdrawn by the representative. The representative herein followed the instructions from the applicant. Six weeks after the withdrawal, the representative submitted that the withdrawal of the appeal was due to an error and requested correction of that error. In particular, the appellant's representative stated "I have become aware that our instruction to withdraw this appeal were in error." and the representative requested correction of that error under Rule 139 EPC.
The Board reviewed the case law on correction of errors and, in the end, the Board comes to the conclusion that the declaration submitted by the appellant's representative to withdraw the appeal cannot be considered to contain an error to be corrected under Rule 139 EPC, as the error was made by the applicant and not by the representative.
