30OHIM claims that facts and evidence not submitted within that time-limit can also not be submitted before the Board of Appeal or lead to the annulment of the decision given by the Opposition Division. Contrary to the finding of the Court of First Instance, the continuity in terms of functions between the Opposition Divisions and Boards of Appeal as demonstrated by Article 62(1) of Regulation No 40/94 relates to the decision making powers of those departments, but cannot deprive of their effect the precise time-limits laid down in Community legislation in order to govern the course of opposition proceedings.
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