European Patent Office

D 0037/21 of 21.02.2022

European Case Law Identifier
ECLI:EP:BA:2022:D003721.20220221
Date of decision
21 February 2022
Case number
D 0037/21
Petition for review of
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Language of proceedings
English
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No distribution (D)
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the Examination Board with the following order:

a, the Examination Board is instructed to determine the applicable compensation of the candidate in respect of the reported irregularity during the Paper B examination and

b, the Examination Board is instructed to perform a re-marking of the appellant's answer paper for the Paper B of the European qualifying examination 2021 taking into account the determined compensation and

c, to award a grade to the answer paper under Rule 6(3) IPREE accordingly.

3. The appeal fee is to be reimbursed in full.