g) Board's own discretion when the exercise of discretion by the department of first instance suffers from an error  

In T 1657/20, the board exercised its own discretion since it could no longer be determined whether the discretion had been correctly exercised in the decision not to admit. Therefore, the proviso in Art. 12(6) RPBA that a board of appeal should not replace a correct first-instance discretionary decision by exercising its own discretion did not apply. In exercising its discretion, the board used the criteria of Art. 12(4), last sentence, RPBA.