European Patent Office

D 0006/92 (Powers of Examination and Disciplinary Board) of 13.05.1992

European Case Law Identifier
ECLI:EP:BA:1992:D000692.19920513
Date of decision
13 May 1992
Case number
D 0006/92
Petition for review of
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Application number
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IPC class
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Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
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 a candidate has scored in his papers 4, 6, 4 and 4 and thus failed with a total of awarded grades of 18, there is no legal basis under Article 12 REE to declare him as being successful (point 4 of the Reasons for the Decision).

2. The Disciplinary Board of Appeal is empowered to examine whether the examination procedure conformed to the relevant regulations and instructions but not to reconsider the entire examination procedure on its merits. Only alleged serious and obvious mistakes by the Examination Board can be considered under this heading. These mistakes must be, (a) "relevant" to the appealed decision, in the sense that the decision would have been different if the mistakes had not been made, and, (b) fundamental, in the sense that they can be verified by application of legal principles (point 5 of the Reasons for the Decision).

Relevant legal provisions
Regulation on the European qualifying examination Art 10(2)Regulation on the European qualifying examination Art 12(2)
Keywords
Extent of power of investigation and decision of Disciplinary Board of Appeal
Catchword
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Cited cases
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Citing cases
D 0004/96

ORDER

For these reasons, it is decided that:

1. The appeal against the decision of the Examination Board for the European Qualifying Examination of the EPO dated 11 October 1991 is dismissed.