2.4. Grades / passing the examination

To pass the examination, a candidate must have passed each paper or obtained the minimum grades as specified in the IPREE (Art. 14(1) REE, R. 6(1), (3) and (4) IPREE). The possibility of being awarded the grade "Compensable fail" in an individual paper (R. 6(3)(c) IPREE) is no longer restricted to first sitters. If, despite this compensatory measure, a candidate fails the examination, he must resit those papers which he did not pass (Art. 16(1) REE). Borderline case assessments of candidates' fitness to practise as professional representatives before the EPO are therefore not possible under the REE and IPREE. For earlier decisions relating to this point see the corresponding section 2.4, entitled Borderline cases, of the 5th edition of the Case Law of the Boards of Appeal, and also D 23/08.

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