D 0007/82 (Powers of investigation) of 15.12.1982
- European Case Law Identifier
- ECLI:EP:BA:1982:D000782.19821215
- Date of decision
- 15 December 1982
- Case number
- D 0007/82
- 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 means nor the "method of harmonising marks" is mandatory for the Committees.
3. 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(1) 1973Regulation on the European qualifying examination Art 23(1)Regulation on the European qualifying examination Art 23(3)
- Keywords
- Powers of investigation and decision of the Disciplinary Board
Marking by the Examination Committees, not by individual examiners
No jurisdiction of Enlarged Board of Appeal - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The application to refer the case to the Enlarged Board of Appeal is refused.
2. The appeal against the Decision of the Examination Board for the European Qualifying Examination of the EPO dated 30 March 1982 is dismissed.