6. Suspected partiality of members of the Enlarged Board of Appeal
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  7. 6. Suspected partiality of members of the Enlarged Board of Appeal
  8. 6.1. Referral proceedings under Article 112 EPC
  9. 6.1.3 Previous expressions of opinion on the legal issues to be decided
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6.1. Referral proceedings under Article 112 EPC

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6.1.3 Previous expressions of opinion on the legal issues to be decided

In G 3/08 of 16 October 2009 date: 2009-10-16 the Enlarged Board noted that, according to established case law of the boards of appeal, of the Enlarged Board and also of national courts of member states, the mere fact that a board member (in the case in hand a member of the Enlarged Board) had expressed a view on the legal issue to be decided on a previous occasion, be it in a prior decision or in literature, be it in a prior position in the EPO or as an expert for external political institutions, could not lead to doubts as to impartiality.

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