6.2.3 Expressions of preliminary opinions

In R 2/12 of 26 September 2012 date: 2012-09-26 the objection of suspected partiality was derived exclusively from the communication by which the petitioner was informed of the Enlarged Board's provisional opinion on the petition. The Enlarged Board found it would be incompatible with an objective assessment of a case and with the principle of a fair trial in inter partes proceedings, if a board member could be 'deposed' on the ground that they did not opine in favour of a particular party right from the beginning of the proceedings. See also in this chapter III.J.5.3.1.