Rectification confined to patent record errors; amendment cannot convert restoration into a merits challenge.

Rectification is available only for a patent, manifest and self-evident mistake on the record; it cannot be used to reopen the merits through detailed argument or reappraisal of the appeal. An attempt to amend a restoration application so as to convert it into a rectification request was also impermissible because it would alter the basis of the proceedings and prejudice the opposite party. Since the impugned final order had been passed on merits and no error apparent on the face of the record was shown, the rectification, restoration and amendment requests were held not maintainable.

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Issues: Whether the application to amend the restoration application so as to convert it into an application for rectification of mistake was maintainable, and whether the impugned final order disclosed any error apparent on the face of the record warranting recall or rectification.

Analysis: Rectification lies only for a mistake that is patent, manifest, and self-evident from the record. An error that can be established only by detailed argument, or by traversing beyond the record, is not an error apparent. On the facts, the final order had been passed on merits, and the objections raised by the appellant required a reappraisal of the entire appeal rather than correction of any obvious mistake. The attempt to convert the restoration application into a rectification application by amendment was also impermissible, since it would change the very basis of the proceedings and prejudice the other side.

Conclusion: The amendment request and the rectification/restoration applications were not maintainable, and no error apparent on the face of the record was shown.

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