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)
- 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. 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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- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal is dismissed.