19However, it must be borne in mind that, according to the first sentence of Article 62(1) of Regulation No 40/94, ‘[fallowing the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal’. That obligation must be understood as meaning that the Board of Appeal is required to rule on each of the heads of claim before it in full, by upholding it, dismissing it as inadmissible or dismissing it in substance. Next, it must be noted that failure to fulfil that obligation may affect the content of the decision of the Board of Appeal and that the obligation therefore represents an essential procedural requirement breach of which may be raised by the Court of its own motion.
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