D 0005/82 (Powers of investigation) of 15.12.1982
- European Case Law Identifier
- ECLI:EP:BA:1982:D000582.19821215
- Date of decision
- 15 December 1982
- Case number
- D 0005/82
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
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- Headnote
1. In matters connected with examinations, the Disciplinary Board of Appeal is empowered, pursuant to Article 23(1) of the Regulation on the European Qualifying Examination for professional representatives before the EPO, to investigate whether the provisions of that Regulation are in conformity with higherranking law, particularly the EPC, and whether the appealed decision rests on an infringement of such law or of the provisions of the Regulation. Consequently, responsibility for the conduct of the examination lies with the Examination Board and under no circumstances with the Disciplinary Board of Appeal in the former's stead.
2. Since each Committee of the Examination Board is composed of several examiners, the mark for each examination paper is awarded by the Committee as a whole. It follows that neither the method of the arithmetic mean nor the "method of harmonising marks" is mandatory for the Committees.
3. The destruction by examiners of some of the examination papers on which the marks and any comments are entered is a serious contra- vention of the candidate's right to see the assessment by the Examination Board, which in certain cases can be so grave as to render the examination as a whole invalid.
4. The Disciplinary Board of Appeal has no power to refer questions to the Enlarged Board of Appeal.
- Relevant legal provisions
- European Patent Convention Art 112 1973European Patent Convention Art 22 1973Regulation on the European qualifying examination Art 23(1)Regulation on the European qualifying examination Art 23(3)
- Keywords
- Extent of the powers of investigation and decision of the Disciplinary Board of Appeal
Marking by the Examination Committees and not by the individual examiners
No jurisdiction of Enlarged Board of Appeal - Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons, it is decided that:
1. The Decision of the Examination Board dated 10 March 1982 is set aside and the first Qualifying Examination for professional representatives before the EPO is declared invalid insofar as the appellant is concerned.
2. The applications for the matter to be remitted to the Examination Board and for the case to be referred to the Enlarged Board of Appeal and for communication of the names of the members of the various Examination Committees are dismissed.
3. The appellant is entitled to sit the examination again without paying the examination fee.