D 0005/82 (Powers of investigation) of 15.12.1982

European Case Law Identifier:

ECLI:EP:BA:1982:D000582.19821215

Date of decision:

15 December 1982

Case number:

D 0005/82

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Board:

DBA

Headnote:

1. In matters connected with examinations, the Disciplinary Board of Appeal is empowered, pursuant to Article 23(1) of the Regulation on the European Qualifying Examination for professional representatives before the EPO, to investigate whether the provisions of that Regulation are in conformity with higherranking law, particularly the EPC, and whether the appealed decision rests on an infringement of such law or of the provisions of the Regulation. Consequently, responsibility for the conduct of the examination lies with the Examination Board and under no circumstances with the Disciplinary Board of Appeal in the former's stead.
2. Since each Committee of the Examination Board is composed of several examiners, the mark for each examination paper is awarded by the Committee as a whole. It follows that neither the method of the arithmetic mean nor the "method of harmonising marks" is mandatory for the Committees.
3. The destruction by examiners of some of the examination papers on which the marks and any comments are entered is a serious contra- vention of the candidate's right to see the assessment by the Examination Board, which in certain cases can be so grave as to render the examination as a whole invalid.
4. The Disciplinary Board of Appeal has no power to refer questions to the Enlarged Board of Appeal.

Relevant legal provisions:

Regulation on the European qualifying examination Art023(1)
Regulation on the European qualifying examination Art023(3)
European Patent Convention 1973 Art 22
European Patent Convention 1973 Art 112

Keywords:

Extent of the powers of investigation and decision of the Disciplinary Board of Appeal
Marking by the Examination Committees and not by the individual examiners
No jurisdiction of Enlarged Board of Appeal

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d820005ep1.html

Date retrieved: 17 May 2021