(1) Sections 41 to 44 and sections 47 to 49 of the Code of Civil Procedure apply accordingly to the exclusion of and objection to court personnel.
(2) The following are also excluded from exercising the office of judge:
1. in appeal proceedings, any person who was involved in the preceding proceedings before the German Patent and Trade Mark Office;
2. in proceedings for the revocation of a patent, any person who was involved in the proceedings before the German Patent and Trade Mark Office or Federal Patent Court on the grant of the patent or the opposition.
(3) That board of which the judge objected to is a member decides on the objection to that judge. If the number of board members ceases to constitute a quorum on account of the withdrawal of the member objected to, a Board of Appeal at the Federal Patent Court sitting in a composition of three legally qualified members takes the decision.
(4) That board in whose sphere of business the matter falls decides on the objection to a registry clerk.