6.1.2 Expressions of opinion on legal issues

In G 3/08 of 16 October 2009 the Enlarged Board noted that, according to established case law of the boards of appeal, of the Enlarged Board of Appeal and also of national courts of member states, the mere fact that a board member 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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