According to Art. 24(3) EPC an objection on the ground of suspected partiality is not admissible if, while being aware of a reason for objection, the party has taken a procedural step. Nor may it be based on the nationality of members. Additionally, the boards have rejected objections as inadmissible because they were not reasoned or were a mere repetition of a previously rejected objection.

Under Art. 24(2) EPC, if, for one of the reasons mentioned in Art. 24(1) EPC, or for any other reason, a member of the Enlarged Board of Appeal considers that he should not take part in any appeal, he shall inform the Board accordingly.

Art. 3 of the Additional Rules of Procedure of the DBA of the EPO (Supplementary publication 1, OJ 2018) contains rules on exclusion and objection in proceedings before the Disciplinary Board of Appeal. In D 7/82 (OJ 1983, 185) the Disciplinary Board applied Art. 24(3) EPC by analogy.