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Case Law of the Boards of Appeal

 
 
8.2. Applicability of Art. 24(3), second and third sentences, EPC to the departments of first instance

In G 5/91 (OJ 1992, 617), the Enlarged Board of Appeal stated that, although Art. 24 EPC 1973 was only applicable to appeal proceedings, it seemed to be justified to apply the principles underlying the provisions of Art. 24(3), second and third sentences, EPC 1973 to the effect that an objection on the ground of suspected partiality before the first instance could be disregarded if it had not been raised immediately after the party concerned had become aware of the reason for the objection or if it was based on nationality. The system might otherwise be open to abuse.