D 0003/87 (Decisions in borderline cases) of 28.09.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:D000387.19870928
- Date of decision
- 28 September 1987
- Case number
- D 0003/87
- 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
- No distribution (D)
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- Other decisions for this case
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- Abstracts for this decision
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- Board
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- Headnote
A simple reference to No. VI or VII of the "Instructions" (OJ EPO 7/1983, p. 296) may suffice to substantiate a decision by the Examination Board in a borderline case under Article 5(3), second sentence, in conjunction with Article 12(3) of the Regulation on the European Qualifying Examination, provided the principles published in the "Instructions" of themselves support the decision (cf. D 01 - 03/86; Headnote II).
- Relevant legal provisions
- Regulation on discipline for professional representatives Art 12(3)Regulation on the European qualifying examination Art 5(3)
- Keywords
- Decisions in borderline cases
Reference to instructions - Catchword
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ORDER
For these reasons, it is decided that:
1. The decision of the Examination Board for the European Qualifying Examination dated 18 November 1986 is set aside and the matter referred back to the Examination Board for further consideration.
2. The appeal fee is to be reimbursed.