D 0004/89 (Borderline case - examination as a whole) of 21.08.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:D000489.19890821
- Date of decision
- 21 August 1989
- Case number
- D 0004/89
- 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. Because of the obvious need to prevent proceedings from being protracted indefinitely, the Disciplinary Board of Appeal may be forced in borderline cases (Article 5(3) in conjunction with Article 12(3) REE) to decide the issue itself (cf. D 01-03/86, point 2 of the Reasons for the Decision, OJ EPO 1987, 489).
2. When the papers of a candidate who has scored grades 5, 4, 3 and 4 are considered as a whole in accordance with Article 12(3) REE, there is no legal basis for assuming that any results to be considered for offsetting a poor grade, including individual sections within the various papers, must be of at least grade 3 standard or have been awarded equivalent average marks (point 5 of the Reasons for the Decision).
- Relevant legal provisions
- Regulation on the European qualifying examination Art 12(3)Regulation on the European qualifying examination Art 5(3)
- Keywords
- Examination as a whole
Borderline case - 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 contested decision is set aside.
2. The Board finds that the appellant has passed the 8th European Qualifying Examination.
3. Refund of the appeal fee is ordered.