Exclusion and objection against members of the Enlarged Board of Appeal

The fact that a judge has expressed an opinion on a legal issue that is to be decided upon in a case is not in itself and not always a ground for suspicion of partiality (see also G 3/08 and G 2/08). However, the direct involvement in the passage of legislation, which is closely relates to the referred question (in this case: the Chairman of the Enlarged Board’s involvement in the passage of Art 15a RPBA, according to which oral proceedings could be held in the form of a videoconference without the consent of the parties), can be sufficient to cast doubt on partiality (EPO EBoA 17 March 2021, G 1/21 – interlocutory decision, Exclusion and objection).