1.2. Rationale and importance

According to the Enlarged Board in G 1/05 of 7 December 2006 (OJ 2007, 362), the right to object to a judge for reasons of suspicion of partiality is meant to prevent judges from being influenced in their decision-making – be it deliberately or inadvertently – by extraneous considerations, prejudices and predilections, i.e. by considerations other than the arguments they consider factually and legally relevant for the case under consideration.

In G 5/91 (OJ 1992, 617) and G 1/05 of 7 December 2006 the Enlarged Board underlined the importance of a very strict observance of the requirement of impartiality in proceedings before it and the other boards of appeal in view of their judicial functions at final instance within the European patent granting system.

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