T 1627/09 - self-recuse of Board of appeal after successful petition for review
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| Two board members recuse themselves |
After the successful petition for review in R 2/14 of 22 April 2016, the case was remitted to the Board of Appeal that had originally decided not to set aside the opposition division's decision to revoke the patent. Upon remittal, the entire board that took that appeal-decision requested to be recused from the case to avoid a potential perception of bias when they had to decide for a second time on the same issues (actually one member had already retired).
Interestingly, an issue with Art. 24 also played during the petition for review when the Enlarged board had to decide if the Chairman of the Enlarged Board of Appeal could be allowed to perform both judicial tasks and executive tasks in his capacity as Vice-President Appeals.
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