T 0843/91 (Partiality) vom 17.03.1993

1. The wording of Article 24 EPC and procedural considerations imply that an objection to the members of a Board of Appeal can only be made in the course of an appeal pending before that Board of Appeal.

2. Article 24(3) EPC states that "members" of a Board of Appeal may be objected to by any party. This implies that objection may be made against each or all the members of that Board.

3. The Boards of Appeal are the final instance and their decisions become final once they have been delivered, with the effect that the appeal proceedings are terminated.

4. In proceedings, partiality would be to willingly favour the party by granting it rights to which it is not entitled or by intentionally disregarding the rights of another party.

5. After the decision has been taken a Board is no longer empowered or competent to take any further action apart from drafting the written decision (apart also Rule 88 EPC). Any further action which in the light of the decision becomes necessary, is the responsibility of the internal administration.