European Patent Office

D 0012/07 of 28.08.2008

European Case Law Identifier
ECLI:EP:BA:2008:D001207.20080828
Date of decision
28 August 2008
Case number
D 0012/07
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English
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No distribution (D)
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ORDER

For these reasons it is decided that:

1. The decision of the Examination Board under appeal is set aside.

2. The Examination Board is ordered

a) to commission the responsible examination committee to undertake a new marking of paper C of the European qualifying examination 2007, with the award of marks in accordance with Rule 4(2) and (3) of the implementing provisions to the REE taking into consideration the merits of any solution to the problems in the paper.

b) to determine the appellant's grade for paper C upon the basis of the marking obtained under a) plus 10 additional marks, and in accordance with Article 7(3) REE to take a decision on whether the appellant has passed or failed the European qualifying examination 2007.

3. The appeal fee is to be reimbursed.