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Case Law of the Boards of Appeal

 
 
9.2.3 Disqualifying partiality

In T 843/91 of 17.03.1993 the board noted that disqualifying partiality presumed a preconceived attitude on the part of a deciding person towards a party. More precisely, in the board's view, partiality would be willingly to favour one party by granting it rights to which it is not entitled, or by intentionally disregarding the rights of the other party (cf. T 261/88 dated 16 February 1993). The board noted that the question whether or not an objection to members on the ground of suspected partiality was to be considered justified could only be decided in the light of the particular circumstances of each individual case (cf. G 5/91). The board found that whatever their gravity, deficiencies, erroneous practices or procedural violations could not be regarded as forming a basis for an objection on the ground of partiality if they did not result from such a preconceived attitude or deliberate intention.