European Patent Office

D 0008/96 (Borderline case) of 18.07.1997

European Case Law Identifier
ECLI:EP:BA:1997:D000896.19970718
Date of decision
18 July 1997
Case number
D 0008/96
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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Headnote

Borderline case assessments of candidates' fitness to practise as professional representatives before the European Patent Office are not possible under the 1994 Regulation on the European Qualifying Examination, REE 1994, and its implementing provisions, IP 1994. Article 17(1) REE 1994 is exhaustive. In accordance with this a candidate must pass each examination paper in order to pass the European qualifying examination as a whole. The only exception is laid down in Rule 10 IP 1994, which by virtue of Article 17(1) REE 1994 is also exhaustive and applicable only to candidates who sit the examination for the first time.

Relevant legal provisions
IP 1994 R 003IP 1994 R 010Regulation on the European qualifying examination Art 17(1)Regulation on the European qualifying examination Art 7(3)
Keywords
Proceedings before the Disciplinary Board of Appeal - admissibility - party adversely affected
European qualifiying examination for professional representatives - borderline case
Catchword
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ORDER

For these reasons it is decided that:

The appeal is rejected.