European Patent Office

D 0005/89 (Examination Board - examination procedure) of 22.09.1989

European Case Law Identifier
ECLI:EP:BA:1989:D000589.19890922
Date of decision
22 September 1989
Case number
D 0005/89
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)
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Abstracts for this decision
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Application title
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Board
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Headnote

1. When drawing up the examination procedure the Examining Board has discretionary powers whose exercise may be scrutinised only for possible misuse (confirmation of D 1/81, OJ EPO 1982,258).

2. If the examination procedure requires a candidate without a university-level qualification to have worked for three additional years as corroboration of an equivalent level of knowledge, this does not constitute a misuse of discretionary powers.

Relevant legal provisions
REE_Art_005(2)_Sent_1Regulation on the European qualifying examination Art 7(1)Regulation on the European qualifying examination DV Nr.5.4(1)
Keywords
Extent of the powers of investigation and decision of the Disciplinary Board of Appeal
Examination Board - drawing up the examination procedure - discretionary powers
Catchword
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ORDER

For these reasons, it is decided that:

The appeal is dismissed.