24It is apparent from Article 61 (1) of Regulation No 40/94 that the Board of Appeal must conduct an examination of the merits of the appeal when it is admissihle. In addition, Article 62( 1 ) of the same regulation provides that the Board of Appeal may either exercise any power within the competence of the department which was responsible for the decision appealed or remit the case to that department for further prosecution. This last provision contains an indication not only as to the possible content of a decision of the Board of Appeal, but also as to the extent of the examination which it must conduct of the decision under appeal.
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